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univ.of  ill.  Library 


51  =============^^ 

3U fZLs 

FIRST  MORTGAGE  AND  DEED  OF  TRUST 


American  Lime  and  Stone  Company 

TO 

Bankers  Trust  Company, 

TRUSTEE 


Securing  an  Issue  of 

$2,000,000 

First  Mortgage  Sinking  Fund  Gold  Bonds 


This  indenture,  dated  as  of  the  first  day  of  April,  Anno 
Domini  one  thousand  nine  hundred  and  twenty-two,  but 
actually  executed  on  the  date  recited  at  the  end  hereof, 
between  American  Lime  and  Stone  Company,  a corporation 
organized  and  existing  under  the  laws  of  the  State  of  Penn- 
sylvania, (hereinafter  called  Company)  of  the  first  part; 
and  Bankers  Trust  Company,  a corporation  organized  and 
existing  under  the  laws  of  the  State  of  New  York,  and 
having  its  principal  office  in  the  Borough  of  Manhattan, 
City  of  New  York  and  State  of  New  York,  (hereinafter  call- 
ed Trustee)  of  the  second  part. 

Whereas,  Company  is  a corporation  organized  and 
doing  business  under  the  General  Corporation  Act  of  1874 
of  the  State  of  Pennsylvania  and  its  various  supplements 
and  authorized  to  engage  in  the  business  of  quarrying  and 
mining  stone,  manufacturing  the  same  into  marketable 
products  and  marketing  the  same,  having  its  principal  office 
in  the  Borough  of  Tyrone,  in  the  County  of  Blair  and  State 
of  Pennsylvania,  and  as  such  has  power  to  borrow  money 
for  the  purposes  of  its  business  and  to  issue  bonds  or  other 
obligations  evidencing  such  loans,  and  to  secure  the  same 
by  a mortgage  on  its  real  and  personal  property ; and 

Whereas,  it  is  necessary  for  the  purposes  of  the  business 
of  Company  to  borrow  money  and  to  issue  therefor  its  bonds 
secured  by  mortgage  on  its  said  property ; and 

Whereas,  at  a special  meeting  of  the  Board  of  Directors 
of  Company  duly  called  and  held  on  the  1st  day  of  June 
A.  D.  1922,  at  which  a majority  of  the  entire  Board  was 
present,  it  was  unanimously  resolved  that  the  mortgage 
indebtedness  of  the  Company  be  increased  from  Five  Hun- 
dred Thousand  Dollars  ($500,000)  to  Two  Million  Dollars 
($2,000,000)  and  that  a special  meeting  of  the  stockholders 
be  called  to  convene  at  the  general  office  of  the  Company 
on  the  1st  day  of  June  1922  at  two  o’clock  P.  M.  to  take  action 
for  approval  or  disapproval  on  said  proposed  increase  of  its 
mortgage  debt;  and 

Whereas,  at  said  meeting  of  stockholders  so  called  and 
held  all  notice  by  publication  required  to  be  given  by  the  Con- 
stitution and  laws  of  the  said  State  of  Pennsylvania  for  an 
election  upon  the  proposed  increase  of  said  mortgage  in- 
debtedness having  been  duly  waived  by  the  unanimous  con- 
sent of  the  stockholders,  the  stockholders  by  ballot  duly 
taken  approved  by  a majority  vote  of  its  capital  stock  out- 
standing the  said  increase  of  indebtedness  and  the  issuance 
of  bonds  therefor,  secured  by  a mortgage  on  its  real  and 


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personal  property,  in  form  to  be  approved  by  the  Board  of 
Directors  of  Company;  and 

Whereas,  subsequently,  at  a meeting  of  the  Board  of 
Directors  of  Company  duly  called  and  held  on  the  1st  day 
of  June  A.  D.  1922,  it  was  resolved  by  a majority  of  the 
entire  board  that  said  mortgage  should  be  in  the  form  of 
this  Indenture  and  that  said  bonds,  together  with  the  cer- 
tificate of  authentication  by  the  Trustee  thereon  and  the 
coupons  attached  thereto,  should  be  in  substantially  the 
following  forms  respectively: 

(Form  of  Bond) 

UNITED  STATES  OF  AMERICA 


No. 


AMERICAN  LIME  AND  STONE  COMPANY 
Series 

FIRST  MORTGAGE  SINKING  FUND  GOLD  BOND 

American  Lime  and  Stone  Company  (hereinafter  called 
Company),  a Pennsylvania  corporation,  is  indebted  and 
promises  to  pay  to  the  bearer  hereof,  or  to  the  registered 
owner  hereof  in  case  of  registration,  on  the  surrender  hereof, 
on  the  first  day  of  April,  1942,  unless  this  bond  shall  have 
been  previously  redeemed  in  accordance  with  the  provisions 
hereof,  at  the  principal  office  in  the  Borough  of  Manhattan, 
City  of  New  York,  State  of  New  York,  of  Bankers  Trust 
Company,  Trustee  of  the  Indenture  by  which  this  bond  is 
secured,  dollars  ($  ) in  gold  coin  of  the 

United  States  of  America  of  or  equal  to  the  standard  of 
weight  and  fineness  as  it  existed  on  April  1,  1922,  and  to 
pay  interest  thereon  from  19,  until  such  principal 

sum  shall  be  paid,  in  like  gold  coin,  at  the  rate  of 
per  cent,  per  annum,  payable  at  said  office,  semi-annually, 
on  the  first  day  of  April  and  October  in  each  year.  Until 
maturity  of  this  bond  such  interest  shall  be  paid  only  upon 
presentation  and  surrender,  as  they  severally  mature,  of 
the  coupons  therefor  hereto  annexed. 

The  Company  undertakes,  as  provided  in  said  Indenture 
of  Mortgage,  to  pay  any  normal  Federal  Income  Tax  or 
taxes  not  exceeding  two  (2)  per  centum  per  annum  which 
may  be  levied  upon  the  interest  payable  on  this  bond  under 


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any  present  or  future  law  of  the  United  States  of  America, 
and  also  to  reimburse  to  the  holder,  or  if  registered,  to  the 
registered  owner  hereof,  any  and  all  taxes  (other  than  suc- 
cession or  inheritance  taxes)  which  may  be  imposed  upon 
this  bond  or  upon  such  holder  or  registered  owner  by  rea- 
son of  his  ownership  hereof,  under  any  present  or  future 
law  of  the  State  of  Pennsylvania,  or  of  any  county,  munici- 
pality, or  taxing  authority  in  said  State,  but  not  in  ex- 
cess of  four  mills  per  annum  on  each  dollar  of  the  face 
amount  of  this  bond.  Both  principal  and  interest  of  this 
bond  are  payable  without  deduction  for  said  taxes. 

This  bond  is  one  of  a duly  authorized  issue  of  coupon 
bonds  of  the  Company  known  as  its  First  Mortgage 
Sinking  Fund  Gold  Bonds,  limited  to  the  aggregate 
principal  amount  of  Two  Million  Dollars  ($2,000,000)  issued 
and  to  be  issued  under  and  in  pursuance  of,  and  all  equally 
secured  by,  an  Indenture  of  Mortgage  and  Deed  of  Trust 
dated  as  of  April  1,  1922,  between  American  Lime  and 
Stone  Company,  of  the  first  part,  and  Bankers  Trust  Com- 
pany, of  the  City  of  New  York,  as  Trustee,  of  the  second 
part,  to  which  Indenture  reference  is  hereby  made  for  a 
statement  of  the  property  mortgaged,  of  the  nature  and 
extent  of  the  security  and  of  the  terms  and  conditions  upon 
which  this  bond  is  issued,  to  all  the  terms  and  provisions  of 
which  Indenture  the  holder  or  registered  owner  hereof  con- 
sents by  the  acceptance  hereof. 

All  of  said  bonds  are  of  like  tenor,  date  and  effect  ex- 
cept as  the  principal  amount  thereof  and  the  rate  of  inter- 
est payable  thereon  not  exceeding  seven  per  centum  per 
annum  may  vary  as  may  be  determined  by  the  Board  of 
Directors  of  the  Company  prior  to  their  issue. 

The  Board  of  Directors  of  the  Company  has  determined 
that  this  Bond  shall  be  of  Series  and  shall  bear  inter- 
est at  the  rate  of  per  centum  ( %)  per 

annum. 

This  bond  is  subject  to  redemption  or  purchase  for  the 
sinking  fund  on  any  interest  date  upon  notice  as  prescribed 
in  said  Indenture  of  Mortgage  on  or  before  April  1,  1927,  at 
a premium  equal  to  seven  and  one-half  (7%)  per  centum  of 
the  principal  amount  thereof,  plus  accrued  interest;  and 
thereafter  at  a premium  of  one-half  (i/2)  of  (1)  per  cent. 


less  than  said  premium  of  seven  and  one-half  (7%)  per  cent, 
for  each  succeeding  twelve  months  after  April  1,  1927,  plus 
accrued  interest  to  date  of  redemption. 


In  the  event  of  certain  defaults  specified  in  said  In- 
denture, the  principal  of  the  bonds  issued  thereunder  may 
become  or  be  declared  due  and  payable  in  the  manner  and 
with  the  effect  provided  in  said  Indenture. 

This  bond,  shall  pass  by  delivery,  unless  it  shall  be 
registered  in  the  name  of  the  owner  at  the  principal  office 
in  the  Borough  of  Manhattan,  City  of  New  York,  of  the 
Trustee  under  said  Indenture,  such  registration  being  noted 
hereon  by  or  on  behalf  of  such  Trustee,  acting  as  Registrar. 
After  such  registration,  no  transfer  shall  be  valid  unless 
made  at  said  office  by  the  registered  owner  hereof  in  person 
or  by  his  4 uly  authorized  attorney  and  similarly  noted  here- 
on, but  the  same  may  be  discharged  from  registration  by 
being  in  like  manner  transferred  to  bearer,  and  thereupon 
transferability  by  delivery  shall  be  restored;  but  this  bond 
may  again  from  time  to  time  be  registered  or  transferred 
to  bearer  as  before.  No  such  registration  shall  affect  the 
negotiability  of  the  coupons,  which  shall  continue  to  be 
transferable  by  delivery  merely. 

As  provided  in  said  Indenture  no  recourse  shall  be  had 
for  the  payment  of  the  principal  of  or  interest  on  this  bond, 
or  for  any  claim  based  hereon,  or  otherwise  in  respect  hereof 
or  of  said  Indenture,  against  any  incorporator,  stockholder, 
officer  or  director  of  the  Company  or  of  any  successor  cor- 
poration, whether  by  virtue  of  any  law  or  by  the  enforce- 
ment of  any  assessment  or  otherwise. 

This  bond  shall  not  be  valid  or  become  obligatory  for 
any  purpose  until  it  shall  have  been  authenticated  by  the 
certificate  hereon  endorsed  of  the  Trustee  under  said 
Indenture. 

In  witness  whereof  American  Lime  and  Stone  Company 
has  caused  these  presents  to  be  signed  in  its  name  by  its 
President  or  Vice-President,  and  its  corporate  seal  to  be 
hereunto  affixed  and  to  be  attested  by  its  Secretary  or 
Assistant  Secretary,  and  coupons  for  interest,  each  bearing 


4 


the  fac-simile  signature  of  its  Treasurer,  to  be  hereto  at- 
tached; all  as  of  the  day  of  A.  D.  19 

AMERICAN  LIME  AND  STONE  COMPANY, 


By 


President 


Attest 


Secretary 


(Form  of  Interest  Coupon) 


No. 


On  the  first  day  of  19  , unless  the 

bond  hereinafter  mentioned  shall  have  been  called  for  prev- 
ious redemption,  American  Lime  and  Stone  Company  will 
pay  to  the  bearer  at  the  principal  office  of  the  Bankers  Trust 
Company,  in  the  Borough  of  Manhattan,  City  of  New  York, 

dollars  ($  ) United 

States  Gold  Coin,  without  deduction  for  normal  Federal 
Income  Tax  not  exceeding  two  per  cent,  or  Pennsylvania 
State  Tax  not  exceeding  four  mills,  being  six  months'  inter- 
est then  due  on  its  First  Mortgage  Sinking  Fund  Gold  Bond, 
No.  , Series 


Treasurer 

(Form  of  Trustee's  Certificate) 

This  bond  is  one  of  the  bonds  described  in  the  within 
mentioned  Indenture  of  Mortgage  and  Deed  of  Trust. 

BANKERS  TRUST  COMPANY,  Trustee, 

By 

Assistant  Secretary 

(Form  of  Registry) 

(No  writing  on  this  bond  except  by  the  Registrar.) 


5 


Date 

In  Whose  Name 

Registered 

Registrar 

and 


Whereas,  all  acts  and  things  prescribed  by  law,  and  by 
the  Charter  and  By-Laws  of  Company,  have  been  done  and 
complied  with,  and  Company  has  executed  this  Indenture 
in  the  exercise  of  the  legal  rights  and  powers  in  it  vested, 
and  all  things  necessary  to  make  said  bonds,  when  authen- 
ticated by  the  Trustee  and  issued  under  this  Indenture,  the 
valid  and  binding  obligations  of  Company,  and  to  make  this 
Indenture  a valid  and  binding  First  Mortgage  and  Deed  of 
Trust  for  the  security  of  said  bonds  in  accordance  with  its 
terms,  have  been  done  and  performed. 

Now,  therefore,  this  Indenture  witnesseth  that,  in  order 
to  secure  the  payment  of  the  principal  and  interest  of  all 
said  bonds  at  any  time  issued  and  outstanding  under  this 
Indenture,  according  to  the  tenor,  purport  and  effect  there- 
of, and  to  secure  the  performance  and  observance  of  all 
the  covenants  and  conditions  therein  and  herein  contained, 
and  to  declare  the  terms  and  conditions  upon  which  the 
said  bonds  are  and  are  to  be  authenticated  and 
delivered,  and  for  and  in  consideration  of  the  premises  and 
of  the  acceptance  or  purchase  of  the  said  bonds 
by  the  holders  thereof,  and  of  the  sum  of  Ten  Dollars  ($10) 
lawful  money  of  the  United  States  of  America,  to  Com- 
pany paid  by  Trustee,  at  and  before  the  ensealing  and  de- 
livery of  this  Indenture,  the  receipt  whereof  is  hereby  ac- 
knowledged, Company  hath  granted,  bargained,  sold,  aliened, 
enfeoffed,  remised,  released,  conveyed,  assigned,  transferred, 
set  over  and  confirmed  and  mortgaged,  and  by  these  pres- 
ents doth  grant,  bargain,  sell,  alien,  enfeoff,  remise,  release, 
convey,  assign,  transfer,  set  over  and  confirm  and  mort- 


6 


gage  unto  Trustee,  its  successors  in  the  trust,  and  its  and 
their  assigns,  all  and  singular  the  following  described  prop- 
erties of  the  Company,  that  is  to  say: 

All  those  certain  lots,  pieces  and  tracts  of  land  situ- 
ate in  the  Counties  of  Centre,  Huntingdon  and  Blair,  and 
State  of  Pennsylvania,  described  as  follows: 

A.  Of  the  lands  situate  in  Centre  County. 

1.  All  that  certain  lot  or  tract  of  land  situate  in  Spring 

Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  On  the  north  by  lands  of  A.  S.  and 

F.  M.  Valentine,  on  the  west  (east)  by  lands  formerly  of 
Robert  Valentine,  now  the  American  Lime  and  Stone  Com- 
pany, on  the  south  by  lands  formerly  of  B.  F.  Shaffer,  now 
the  American  Lime  and  Stone  Company,  and  on  the  west  by 
the  proposed  extension  of  Penn  Street,  being  53  feet  in 
front  on  the  said  Penn  Street,  and  extending  eastwardly 
200  feet  to  the  lands  formerly  of  Robert  Valentine,  and 
being  the  same  land  that  Regina  Michaels,  nee  Rhoads, 
widow  of  William  Michaels  et  al.  by  their  deed  of  convey- 
ance bearing  date  February  22,  1909,  did  convey  unto  the 
American  Lime  and  Stone  Company,  and  said  deed  of  con- 
veyance is  recorded  in  Centre  County  in  Deed  Book  101 
page  466. 

2.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows:  On  the  north  by  lot  of  Amelia  P. 
Rhoads,  on  the  east  by  land  of  Robert  Valentine,  on  the 
south  by  lot  late  of  S.  M.  Buck  now  Samuel  Roberts,  and 
on  the  west  by  a proposed  extension  of  Penn  Street,  said 
lot  being  25  feet  in  width  and  extending  back  in  depth 
from  Penn  Street  to  land  late  of  Robert  Valentine  200  feet, 
and  being  the  same  land  that  S.  A.  Keefer  by  his  deed  of 
conveyance  bearing  date  August  14,  1907,  did  convey  unto 
the  American  Lime  and  Stone  Company,  and  said  deed  of 
conveyance  is  recorded  in  Centre  County  in  Deed  Book  100 
page  296. 

3.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township  Centre  County,  Pennsylvania,  immedi- 
ately adjoining  Belief onte  Borough  on  the  northwest  cor- 
ner of  the  intersection  of  an  extension  of  Spring  Street 
of  said  Borough  and  laid  out  Street  known  as  Fifth  Ave- 
nue, thence  north  11  degrees  30  minutes  west  165  feet  to 


a post  corner  of  lot  of  Ella  H.  Kephart,  thence  north  88 
degrees  30  minutes  west  110  feet  to  a 16  foot  alley,  thence 
south  11  degrees  30  minutes  east  189  feet  or  thereabouts 
to  fifth  Avenue,  thence  north  67  degrees  45  minutes  east 
112  feet  or  thereabouts  to  a post  the  place  of  beginning, 
having  thereon  erected  eight  brick  tenement  houses,  and 
being  the  same  land  which  A.  G.  Morris  and  Mary  E.  his 
wife  by  their  deed  of  conveyance  bearing  date  July  1, 
1902,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85  page  522. 

4.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  on  the 
west  side  of  an  extension  of  a street  known  as  Spring  Street 
in  Belief onte  Borough:  Beginning  at  a point  on  said  street 
163  feet  north  of  the  west  corner  of  the  intersection  of 
said  Spring  Street  and  fifth  Avenue,  thence  along  the 
line  of  said  street  north  11  degrees  30  minutes  west  85 
feet  to  a 30  foot  street  hereafter  to  be  laid  out,  thence 
along  said  street  south  88  degrees  30  minutes  west  110 
feet  to  a 16  foot  alley,  thence  south  11  degrees  30  minutes 
east  85  feet  to  a post,  thence  north  88  degrees  30  minutes 
east  110  feet  to  Spring  Street  the  point  of  beginning  and 
being  the  same  land  which  A.  G.  Morris  and  Mary  E.,  his 
wife,  by  their  deed  of  conveyance  bearing  date  July  1, 
1902,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85  page  522. 

5.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a point  on  the  north 
side  of  Fifth  Avenue  at  the  northwest  corner  of  a 16  foot 
alley,  thence  along  the  western  line  of  said  alley  125  feet 
to  an  alley  thence  westwardly  along  said  alley  40  feet, 
thence  southward  parallel  with  the  first  mentioned  alley 
to  Fifth  Avenue,  thence  eastward  along  said  avenue  40 
feet  to  the  place  of  beginning,  the  same  being  a lot  40  feet 
front  on  Fifth  Avenue  and  extending  back  therefrom  125 
feet  to  an  alley,  and  being  the  same  land  which  A.  G.  Morris 
and  Mary  E.,  his  wife,  by  their  deed  of  conveyance  bear- 
ing date  July  1,  1902,  did  convey  unto  the  American  Lime 
and  Stone  Company,  and  said  deed  of  conveyance  is  re- 
corded in  Centre  County  in  Deed  Book  85,  page  522. 


6.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows : Beginning  at  a post  on  southeast  corner 
of  lot  of  Robert  Valentine  (being  No.  28),  thence  along  said 
lot  north  11  degrees  89  minutes  west  416  feet  to  a post, 
thence  by  land  of  Philip  Collins  north  67  degrees  45  minutes 
east  445  feet  to  a post,  thence  by  land  of  A.  G.  Morris  south 
19  degrees  419  feet  to  a post,  thence  by  land  of  A.  G.  Mor- 
ris south  67  degrees  45  minutes  west  484  feet  to  the  place 
of  beginning,  being  designated  and  known  as  lots  Nos.  29 
and  80  in  the  general  plan  of  Shugert  and  Harris,  Second 
Addition  to  the  Borough  of  Bellefonte,  containing  4 acres 
and  84  perches,  and  being  the  same  land  which  A.  G.  Morris 
and  Mary  Ellen,  his  wife,  by  their  deed  of  conveyance  bear- 
ing date  July  1,  1902,  did  convey  unto  the  American  Lime 
and  Stone  Company,  and  said  deed  of  conveyance  is  re- 
corded in  Centre  County  in  Deed  Book  85,  page  522. 

7.  Also  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a post  the  southeast 
comer  of  lot  No.  21  owned  by  said  A.  G.  Morris,  thence 
along  said  lot  north  11  degrees  80  minutes  west  416  feet 
to  the  land  of  Thomas  Collins,  thence  by  said  lands  of 
Thomas  Collins  north  67  degrees  49  minutes  east  246 
feet  to  the  proposed  extension  of  Spring  Street,  thence 
along  said  proposed  extension  of  Spring  Street  south  11  de- 
grees 80  minutes  416  feet  to  land  of  Gephart  and  Spangler, 
thence  along  land  of  Gephart  and  Spangler  south  67  degrees 
45  minutes  west  246  feet  to  the  place  of  beginning,  contain- 
ing 2 acres  and  100  perches,  and  being  (known  and  desig- 
nated as  lot  No.  22  in  the  general  plan  of  the  Second  Addi- 
tion of  Shugert  and  Harris  to  the  Borough  of  Bellefonte, 
and  being  the  same  land  which  A.  G.  Morris  and  Mary  E., 
his  wife,  by  their  deed  of  conveyance  bearing  date  July  1, 
1902,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85,  page  522. 

8.  Also  all  those  certain  two  lots  or  tracts  of  land  be- 
ing No’s.  17  and  20  respectively  in  the  plan  of  Harris  and 
Shugert’s  addition  to  Bellefonte,  situate  on  Fifth  Avenue 
in  the  Township  of  Spring,  County  of  Centre  and  State 
of  Pennsylvania,  bounded  and  described  as  follows:  Be- 
ginning at  a post  comer  of  Robert  Valentine’s  lot  being  the 
southeast  corner  of  said  lot,  thence  by  the  same  north  11 
degrees  30  minutes  west  384  feet  to  lot  of  E.  M.  Blanchard, 


9 


thence  by  same  north  67  degrees  45  minutes  east  484  feet, 
more  or  less,  to  line  of  lot  of  Mrs.  Ruth  Armor,  thence  by 
said  line  south  19  degrees  east  384  feet,  more  or  less,  to 
Fifth  Avenue,  thence  along  said  Avenue  south  67  degrees 
45  minutes  west  531  feet,  more  or  less,  to  the  place  of  be- 
ginning, containing  together  4 acres  and  76  perches,  more 
or  less,  and  being  the  same  land  which  A.  G.  Morris  and 
Mary  E.,  his  wife,  by  their  deed  of  conveyance  bearing 
date  July  1,  1902,  did  convey  unto  the  American  Lime  and 
Stone  Company,  and  said  deed  of  conveyance  is  recorded 
in  Centre  County  in  Deed  Book  85,  page  522. 

9.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows:  Beginning  at  a post  on  line  of 
land  late  of  Shortlidge  and  Company  (now  A.  G.  Morris), 
thence  by  same  north  11  degrees  45  minutes  west  384  feet 
to  lot  No.  21  in  the  Second  Addition  to  the  Borough  of  Belle- 
fonte  made  by  Shugert  and  Harris,  thence  along  said  lot 
north  67  degrees  45  minutes  east  246  feet  to  lot  of  William 
B.  Hughes,  thence  along  said  lot  south  11  degrees  30  min- 
utes east  384  feet  to  Fifth  Avenue,  thence  along  said 
Avenue  67  degrees  45  minutes  west  242  feet  to  the  place 
of  beginning,  containing  2 acres  and  30  perches,  and  known 
as  lot  No.  1 in  the  general  plan  of  Shugert  and  Harris’  Sec- 
ond Addition  to  the  Borough  of  Bellefonte,  and  being  the 
same  land  which  A.  G.  Morris  and  Mary  E.,  his  wife,  by 
their  deed  of  conveyance  bearing  date  July  1,  1902,  did  con- 
vey unto  the  American  Lime  and  Stone  Company,  and  said 
deed  of  conveyance  is  recorded  in  Centre  County  in  Deed 
Book  85,  page  522. 

10.  Also  all  that  certain  tract  of  land  and  right  of  way 
situate  in  Benner  Township,  Centre  County,  Pennsylvania, 
bounded  and  described  as  follows:  Beginning  at  a post  on 
the  property  line  now  or  late  of  H.  E.  Zimmerman,  thence 
along  said  property  line  north  61  degrees  east  128  perches 
to  a post  (formerly  a white  oak  and  comer  of  the  William 
Connely  tract),  thence  along  the  property  line  of  Mollie 
L.  Valentine  the  following  six  courses  and  distances  as 
changed  by  mutual  agreement  in  accordance  with  a survey 
made  on  January  26,  1917,  north  27_  degrees  58  minutes  west 
3 perches,  north  45  degrees  12  minutes  east  18  perches  to 
a small  sapling,  north  3 degrees  47  minutes  east  25.2 
perches  to  a post,  north  64  degrees  7 minutes  east  14 
perches  to  a point  in  road,  thence  along  said  road  north  22 


10 


degrees  58  minutes  west  8 perches,  and  north  64  degrees 
32  minutes  east  14.1  perches  to  a stone  in  fence  line  and  on 
line  of  William  Connelly  and  Henry  Miller  tracts  2.5  feet 
north  of  walnut,  thence  along  property  line  now  or  late  of 
C.  Dale  north  33  degrees  15  minutes  west  14.1  perches  to 
a stone,  thence  along  division  line  formerly  of  W.  Woodring, 
and  now  late  of  L.  C.  Rearick  the  following  courses  and  dis- 
tances, south  57  degrees  30  minutes  west  30  perches  to  a 
pin,  south  40  degrees  45  minutes  west  87  perches,  south  31 
degrees  45  minutes  east  17.1  perches  to  a black  oak,  and 
south  61  degrees  west  72.6  perches  to  a post,  and  thence 
south  44  degrees  30  minutes  east  2 perches  to  the  post  and 
place  of  beginning,  containing  19  acres  142  perches. 

Also  a certain  right  of  way  reserved  in  a deed  in  which 
a portion  of  the  tract  of  land  of  which  the  premises  herein 
described  was  formerly  a part.  The  right  of  way  to  run 
from  the  lime  stone  hill,  the  same  that  was  therein  con- 
veyed, in  a northerly  direction  across  lands  formerly  con- 
veyed by  the  said  D.  W.  Woodring  and  D.  F.  Fortney,  ex- 
ecutors of  Margaret  C.  Woodring,  deceased,  to  L.  C.  Rearick, 
to  the  public  road,  and  is  not  to  exceed  33  feet  in  width, 
and  may  be  used  for  a railroad  or  otherwise,  when  the  same 
is  taken  possession  of,  all  due  care  is  to  be  taken  and  suffi- 
cient fence  is  to  be  erected  to  protect  the  owner  of  the  land 
over  which  the  same  passes,  and  make  compensation  for  any 
crops  destroyed.  Said  reservation  being  fully  set  out  in 
Deed  from  said  D.  W.  Woodring  and  D.  F.  Fortney,  Execu- 
tors of  Margaret  C.  Woodring,  deceased,  to  L.  C.  Rearick 
bearing  date  February  1,  1899,  and  recorded  in  Centre 
County  in  Deed  Book  79,  pages  488  and  489. 

The  said  described  tract  of  land  and  right  of  way  being 
the  same  which  D.  W.  Woodring  and  D.  F.  Fortney,  Exe- 
cutors of  Margaret  C.  Woodring,  deceased,  did  convey  unto 
the  American  Lime  and  Stone  Company,  and  said  deed  of 
conveyance  is  recorded  in  Centre  County  in  Deed  Book  85, 
page  364,  and  by  deed  of  conveyance  of  D.  W.  Woodring 
and  Mary  G.,  his  wife,  bearing  date  March  22,  1917,  and 
recorded  in  Centre  County  in  Deed  Book  118,  page  647,  and 
by  agreement  between  Mollie  L.  Valentine  and  the  American 
Lime  and  Stone  Company  bearing  date  June  16,  1917,  and 
recorded  in  Miscellaneous  Book  T,  page  311. 

11.  Also  all  that  certain  tract  of  land  situate  in  Ben- 
ner Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows:  Beginning  at  a corner  of  land  of  C. 
Dale,  Jr.,  thence  by  land  of  same  south  29  degrees  east  40 


li 


rods  to  a stone,  thence  by  same  south  61  degrees  west  40 
rods  to  a stone,  thence  by  land  of  Catherine  Speer  south  28 
degrees  12  rods  to  a stone,  thence  by  lands  of  E.  K.  Keller 
north  53%  degrees  east  95.3  rods  to  a stone,  thence  by 
land  of  heirs  of  James  Steel  north  30  degrees  west  40  rods 
to  a stone,  thence  by  lands  of  Joseph  Tressler  south  61  de- 
grees 53.8  rods  to  the  place  of  beginning,  containing  16 
acres  and  154  perches,  and  being  the  same  land  which  A. 
G.  Morris  and  Mary  E.,  his  wife,  by  their  deed  of  convey- 
ance bearing  date  July  1,  1902,  did  convey  unto  the  Ameri- 
can Lime  and  Stone  Company,  and  said  deed  of  conveyance 
is  recorded  in  Centre  County  in  Deed  Book  85,  page  522. 

12.  Also  all  that  certain  lot  or  tract  of  land  situate  in 

Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows:  On  the  north  by  land  of  Alice 

Showers,  on  the  east  by  an  alley,  on  the  south  by  Fifth  Av- 
enue, and  on  the  west  by  extension  of  Spring  Street,  con- 
taining 1 acre  more  or  less. 

13.  Also  all  that  certain  lot  or  tract  of  ’land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows : On  the  north  by  lands  of  Thomas 
A.  Shoemaker,  on  the  east  by  an  alley,  on  the  south  by  land 
of  Alice  Showers,  and  on  the  west  by  extension  of  Spring 
Street.  The  said  two  above  described  two  lots  or  tracts  of 
land,  being  the  same  which  Cyrus  Brungart,  High  Sheriff 
of  Centre  County,  by  his  deed  of  conveyance  bearing  date 
August  28,  1902,  did  convey  all  the  right,  title  and  interest 
of  Robert  Valentine  unto  the  American  Lime  and  Stone 
Company,  and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book,  95,  page  427. 

14.  Also  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  on  the  east  side  of  the 
extension  of  Spring  Street  of  Bellefonte  Borough,  and  the 
northeast  corner  of  said  extension  and  a 15  foot  alley,  thence 
northward  along  the  extension  of  Spring  Street  50  feet  to 
a post,  thence  eastward  along  land  of  Robert  Valentine  200 
feet  to  a post  on  a 20  foot  alley,  thence  southward  along  said 
alley  50  feet  to  a post  in  a 15  foot  alley,  thence  westward 
along  said  alley  200  feet  to  the  place  of  beginning,  and 
being  the  same  lot  or  tract  of  land  which  Mrs.  Alice  Thomp- 
son, widow  (formerly  Showers) , by  her  deed  of  conveyance 


12 


bearing  date  February  8,  1902,  did  convey  unto  the  Ameri- 
can Lime  and  Stone  Company,  and  said  deed  of  conyeyance 
is  recorded  in  Centre  County  in  Deed  Book  87,  page  245. 

15.  Also  all  that  certain  lot  or  tract  of  land  situate 
in  Spring  Township,  Centre  County,  Pennsylvania,  bounded 
on  the  north  by  land  of  Philip  Collins  (formerly  Yocum), 
south  by  land  of  said  A.  G.  Morris,  east  by  lot  of  A.  S. 
Valentine,  and  on  the  west  by  lands  of  Philip  Collins  and 
A.  G.  Morris,  containing  2 acres  and  55  perches,  and  be- 
ing the  same  land  which  A.  G.  Morris  and  Mary  E.,  his  wife, 
by  their  deed  of  conveyance  bearing  date  July  1,  1902,  did 
convey  unto  the  American  Lime  and  Stone  Company,  and 
said  deed  of  conveyance  is  recorded  in  Centre  County  in 
Deed  Book  85,  page  522. 

16.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows:  Beginning  at  the  southwest  cor- 
ner of  lot  of  A.  G.  Morris,  late  of  Martha  M.  Cherrington, 
thence  south  14 14  degrees  west  8.1  perches  to  the  comer 
of  Mrs.  Barnhardt’s  lot,  thence  along  line  of  said  last  men- 
tioned lot  and  property  of  Thomas  A.  Shumaker  south  83 
degrees  east  19.3  perches  to  the  line  of  other  land  of  the 
said  A.  G.  Morris,  lately  owned  by  Mrs.  Ruth  Armor,  thence 
by  the  said  last  mentioned  line  north  17!/2  degrees  west 
8*4  perches  to  the  corner  of  the  aforesaid  Cherrington  lot, 
thence  by  said  lot  north  81 54  degrees  west  14.8  perches 
to  the  place  of  beginning,  containing  117  perches,  be  the 
same  more  or  less,  and  being  the  same  land  which  A.  G. 
Morris  and  Mary  E.,  his  wife,  by  their  deed  of  conveyance 
bearing  date  July  1,  1902,  did  convey  unto  the  American 
Lime  and  Stone  Company  and  said  deed  of  conveyance  is 
recorded  in  Centre  County  in  Deed  Book  85,  page  522. 

Excepting  and  reserving  a strip  of  land  through  the 
aforesaid  described  lot  or  tract  of  land  which  the  said  A. 
G.  Morris  and  Mary  E.,  his  wife,  conveyed  on  November 
8,  1890,  to  the  Bald  Eagle  Valley  Railroad  Company  as  more 
fully  set  out  in  the  deed  of  conveyance  recorded  in  Deed 
Book  63,  page  262. 

17.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  On  the  west  by  the  Belief onte  and 
Milesburg  Turnpike  50  feet,  on  the  south  by  lot  of  Mrs. 


13 


Priscilla  E.  Kornman  220  feet,  on  the  east  by  lot  of  T. 
Wilson  45  feet,  and  on  the  north  by  lot  of  Frank  McCoy 
217  feet,  and  being  the  same  land  which  A.  G.  Morris  and 
Mary  E.,  Jiis  wife,  by  their  deed  of  conveyance  bearing 
date  July  1,  1902,  did  convey  unto  the  American  Lime  and 
Stone  Company,  and  said  deed  of  conveyance  is  recorded  in 
Centre  County  in  Deed  Book  85,  page  522. 

Excepting  and  reserving  a strip  of  land  through  the 
aforesaid  described  tract  of  land  which  the  said  A.  G. 
Morris  and  Mary  E.,  his  wife,  conveyed  on  November  8, 
1890,  to  the  Bald  Eagle  Valley  Railroad  Company  as  more 
fully  set  out  in  the  deed  of  conveyance  recorded  in  Deed 
Book  63,  page  262. 

18.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows:  Beginning  at  the  northwest  cor- 
ner of  a lot  of  ground  of  the  Spring  Township  School  Dis- 
trict, thence  north  along  line  of  Turnpike  leading  from  Belle- 
fonte  to  Milesburg  80  feet  to  middle  of  run  on  land  formerly 
owned  by  S.  H.  Yocum,  thence  east  along  said  land  200  feet 
to  contemplated  alley,  thence  south  along  said  contemplated 
alley  80  feet  to  a post,  thence  west  200  feet  to  the  place  of 
beginning,  being  a lot  fronting  80  feet  on  said  Turnpike 
and  extending  east  thereof  200  feet,  the  line  of  said  line 
to  run  parallel  with  lines  of  other  lots  along  said  Turn- 
pike sold  to  Harnish  and  others, being  the  same  lot  or  tract 
of  land  which  George  T.  Bush  by  his  deed  of  conveyance 
bearing  date  August  8,  1905,  did  convey  unto  the  American 
Lime  and  iStone  Company,  and  said  deed  of  conveyance  is 
recorded  in  Centre  County  in  Deed  Book  96,  page  57. 

19.  Also  all  that  certain  tract  of  land  situate  partly 
in  Benner  Township  and  partly  in  Spring  Township,  Centre 
County,  Pennsylvania,  bounded  and  described  as  follows: 

No.  1.  Beginning  at  a pine  corner  on  the  line  of  the 
survey  of  James  Harris  and  James  Sharron  and  standing 
on  the  east  side  of  Dry  Run,  thence  south  33  degrees  east 
58  perches  to  a hickory  on  the  west  side  of  said  line,  thence 
south  80  degrees  east  28  perches  to  stones,  thence  south 
62  degrees  east  81  perches  to  a post  on  line  of  land  late  of 
James  Harris,  thence  by  the  same  south  52  degrees  west 
62  perches  to  an  oak  stump  in  the  Half  Moon  Road,  thence 
south  63  degrees  west  106  perches  to  a post  by  a hickory, 
thence  north  44  degrees  west  163  perches  to  a stone  by  a 


14 


hickory,  thence  north  64!/4  degrees  east  142  perches  to  the 
place  of  beginning,  containing  140  acres  and  110  perches, 
neat  measure. 

Excepting  and  reserving  all  that  tract  of  land  contain- 
ing 2 acres  more  or  less  situate  in  the  southern  corner 
of  tract  No.  1 which  William  H.  Humes,  deceased,  (former 
owner  of  the  above  described  premises),  in  his  lifetime 
granted  and  conveyed  to  James  Rote,  Also  excepting  and 
reserving  the  streets  and  alleys  in  Humes,  Addition  to 
the  southwestern  part  of  the  Village  of  Coleville,  Spring 
Township,  aforesaid,  laid  out  according  to  a draft  or  plan 
made  by  S.  D.  Ray,  survey  dated  April  11,  1887,  and  all 
lots  in  said  Addition  which  have  been  already  sold  or  con- 
tracted to  be  sold  including  the  lot  now  occupied  by  the 
Methodist  Episcopal  Church.  And  also  excepting  and  re- 
serving all  that  certain  lot  adjoining  said  Methodist  Epis- 
copal Church  lot  fronting  60  feet  on  Harris  Street,  and  ex- 
tending back  150  feet  to  an  alley,  which  the  American  Lime 
and  Stone  Company  conveyed  on  July  24,  1908,  to  the 
Trustees  of  Olive  Branch  Chapel  of  Coleville,  as  more  fully 
set  out  in  the  deed  of  conveyance  recorded  in  Centre  County 
in  Deed  Book  101,  page  572. 

20.  Also  all  that  Certain  tract  of  land  situate  partly 
in  Benner  Township  and  partly  in  Spring  Township,  Centre 
County,  Pennsylvania,  bounded  and  described  as  follows: 
No.  2,  Beginning  at  a pine  corner  first  above  mentioned, 
thence  north  45  degrees  west  139  perches,  thence  on  the 
Muncy  Mountain  south  61  degrees  west  137  perches  to  a pine, 
thence  south  44  degrees  east  130  perches  to  a stone  on  the 
survey  of  James  Sharron,  thence  north  641/2  degrees  east 
142  perches  along  line  of  said  James  Sharron  to  the  place 
of  beginning,  containing  114  acres  and  136  perches,  neat 
measure. 

That  tjie  last  two  above  described  tracts  of  land  (Nos. 
1 and  2)  being  the  same  land  which  A.  G.  Morris  and  Mary 
E.,  his  wife,  by  their  deed  of  conveyance  bearing  the  date 
July  1,  1902,  did  convey  unto  the  American  Lime  and  Stone 
Company,  and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  84,  page  522. 

21.  Also  all  that  certain  lot  or  tract  of  land  situate 
in  the  Village  of  Coleville,  Spring  Township,  Centre  County, 
Pennsylvania,  bounded  and  described  as  follows : . Beginning 
at  a stone  corner  on  land  of  Peter  Rote,  deceased,  thence 
south  57  degrees  east  481/2  feet  to  a stone,  thence  by  land 


15 


of  James  L.  Rote  south  44  degrees  west  127  feet  to  a 
stone,  thence  north  57  degrees  west  by  land  of  William 
Humes,  deceased,  (now  the  American  Lime  and  Stone  Com- 
pany), 40  feet  to  a stone,  thence  north  35  degrees  east  126 
feet  to  the  place  of  beginning,  containing  18%  perches,  be 
the  same  more  or  less,  and  being  the  same  lot  or  tract  of 
land  which  Minnie  Harper,  widow,  by  her  deed  of  con- 
veyance bearing  date  June  16,  1903,  did  convey  unto  the 
American  Lime  and  Stone  Company,  and  said  deed  of  con- 
veyance is  recorded  in  Centre  County  in  Deed  Book  90, 
page  346. 

22.  Also  all  that  certain  tract  of  land  situate  in  Ben- 
ner Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows : Beginning  at  a point  corner  of  lands 
of  A.  G.  Morris  and  William  B.  Eckley,  thence  south  20 
degrees  45  minutes  east  77.48  rods  to  line  of  right  of  way 
of  Belief onte  Central  Railroad,  thence  by  same  north  67% 
degrees  east  94  rods  to  a post,  thence  by  lands  of  Margaret 
C.  Brokerhoff  north  251/2  degrees  west  4 rods  to  a post, 
thence  by  same  north  64i/2  degrees  east  4 rods  to  a post, 
thence  by  same  south  25%  degrees  east  4 rods  to  line  of 
right  of  way  of  said  Bellefonte  Central  Railroad,  thence 
by  same  north  65%  degrees  east  28.54  rods  to  land  of 
Charles  Witman,  thence  by  same  north  29%  degrees  west 
86  rods  to  lands  of  said  William  B.  Eckley,  thence  by  same 
south  63  degrees  west  114.24  rods  to  the  place  of  beginning, 
containing  61  acres  and  86  perches,  neat  measure,  and  being 
the  same  tract  of  land  which  A.  G.  Morris  and  Mary  E., 
his  wife,  by  their  deed  of  conveyance  bearing  date  July  1, 
1902,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85,  page  522. 

23.  Also  all  that  certain  tract  of  land  situate  in  Ben- 
ner Township,  Centre  County  Pennsylvania,  bounded  and 
described  as  follows:  Beginning  at  a white  oak  corner, 

the  intersection  of  lands  of  Joseph  Eckley  and  William  B. 
Eckley,  and  also  northwest  corner  of  tract  of  land  herein- 
after described,  thence  by  lands  of  William  B.  Eckley, 
north  62  degrees  east  81.7  perches  to  stone,  thence  by  lands 
of  same  north  28  degrees  west  12.9  perches  to  stone  in 
the  center  of  the  public  road,  thence  along  said  public  road 
north  61%  degrees  east  128.6  perches  to  stone  in  the  center 
of  said  public  road,  thence  by  lands  of  Margaret  C.  Broker- 
hoff south  21  degrees  east  103.7  perches  to  a stone  on  the 


16 


line  of  the  Bellefonte  and  Buffalo  Run  Railroad,  thence  by 
the  line  of  said  railroad  and  along  lands  of  James  Hender- 
son, south  6214  degrees  west  126  perches  to  a stone  on  said 
railroad,  thence  by  same  south  31  degrees  west  25  perches 
to  stones  on  said  railroad  and  corner  of  lands  of  James 
Henderson  and  A.  J.  Shivery,  thence  by  lands  of  said  A.  J. 
Shivery  south  68%  degrees  west  49.5  perches  to  a stone, 
thence  by  land  of  Joseph  Eckley  north  28  degrees  west  94 
perches  to  the  whiteoak  corner  the  place  of  beginning,  and 
being  the  same  tract  of  land  which  A.  G.  Morris  and  Mary 
E.,  his  wife,  by  their  deed  of  conveyance  bearing  date  July 
1,  1902,  did  convey  unto  the  American  Lime  and  Stone 
Company,  and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85,  page  522. 

24.  Also  all  that  Certain  tract  of  land  situate  in  Ben- 
ner Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows:  Beginning  at  a black  oak  on  land  of 
David  Rothrock,  thence  along  lands  now  of  George  H.  Hast- 
ings north  27  degrees  west  132  perches  to  stones,  thence 
by  land  of  Joseph  Eckley’s  Estate  north  61  degrees  east  80 
perches  to  stones,  thence  by  land  of  Sylvester  Rider  and 
land  of  A.  G.  Morris  south  69  degrees  east  43  perches  to 
stone,  thence  by  lands  of  A.  G.  Morris  north  61  degrees  east 
1 rod  to  stone,  thence  by  lands  of  same  south  29  degrees 
east  89  perches  to  stones,  thence  by  land  of  Henry  Shiver 
and  David  Rothrock  south  61  degrees  west  81  perches  to 
the  place  of  beginning,  containing  62  acres  and  133  perches 
and  allowance. 

Excepting  and  reserving  all  that  certain  lot  or  tract  of 
land  fronting  16.3  rods  on  the  west  side  of  a private  road, 
and  extending  southwestwardly  4.3  rods,  containing  70 
perches  which  Mary  Eckley,  widow  et  al.  conveyed  on  No- 
vember 1,  1887,  to  Christian  Eckley,  as  more  fully  set  out 
in  deed  of  conveyance  recorded  in  Centre  County  in  Deed 
Book  61,  page  316. 

25.  Also  all  that  certain  lot  or  tract  of  land  situate  in 

Benner  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows:  Beginning  at  stone  corner  of 

the  above  described  tract,  thence  by  land  formerly  of  Mrs. 
Richard  Conley  north  28%  degrees  west  33  rods  to  a white 
oak,  thence  along  lands  now  or  formerly  of  John  Wagner 
north  61%  degrees  east  80%  perches  to  stones,  thence  along 
a private  road  south  28%  degrees  east  37%  perches  to 
stones,  thence  along  the  above  described  tract  south  64% 


17 


degrees  west  80  ^ perches  to  stones  the  place  of  beginning, 
containing  17  acres  and  98  perches. 

Excepting  and  reserving  all  that  certain  lot  or  tract 
of  land  fronting  80  feet  on  a private  road,  and  extending 
back  along  the  southeastwardly  side  of  a public  road  150 
feet,  which  the  American  Lime  and  Stone  Company  con- 
veyed on  March  4,  1904,  to  Christ  Eckley  et  al.  Trustees 
of  the  Church  of  the  United  Brethren  in  Christ,  as  more 
fully  set  out  in  the  deed  of  conveyance  recorded  in  Centre 
County  in  Deed  Book  94,  page  87. 

The  aforesaid  last  two  described  tracts  of  land  be- 
ing the  same  tracts  of  land  which  A.  A.  Stevens  and  Sarah 

C. ,  his  wife,  by  their  deed  of  conveyance  bearing  date  July 
1,  1902,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book,  85,  page  521. 

26.  Also  all  that  certain  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows:  Beginning  at  a post  on  line  of 

land  of  William  P.  Duncan,  thence  along  line  of  Armor  lands 
north  65  degrees  east  20  rods,  thence  along  north  side  of  an 
old  road  South  77  degrees  east  38.7  rods  to  a post,  thence 
along  Armor  lands  north  43  degrees  15  minutes  east  23.6 
rods,  thence  south  82  degrees  15  minutes  east  18.2  rods 
to  a post,  thence  north  43  degrees  15  minutes  east  along 
Armor  lands  20  rods,  thence  north  82  degrees  15  minutes 
west  18.2  rods,  thence  north  43  degrees  15  minutes  east 
54.2  rods  to  line  of  land  of  D.  J.  Kline,  thence  by  line  of 

D.  J.  Kline  north  25  degrees  30  minutes  west  74.8  rods  to  a 
post,  thence  along  line  of  James  Harris  tract  south  83  de- 
grees 30  minutes  west  110.5  rods  to  a post,  thence  across 
lane  south  6 degrees  30  minutes  east  .9  of  a rod  to  a post, 
thence  south  83  degrees  30  minutes  west  along  lane  6 
rods,  thence  south  17  degrees  42  minutes  east  along  a 
street  8.6  rods,  thence  south  72  degrees  18  minutes  west 
along  Keller  lot  14.5  rods,  thence  along  an  alley  south  17 
degrees  42  minutes  east  4.4  rods,  thence  across  an  alley 
south  72  degrees  18  minutes  west  1 rod,  thence  along  line  of 
Griffith  Gibbon  Survey  south  17  degrees  42  minutes  east 
113.5  rods  to  the  place  of  beginning,  containing  98  acres  and 
9 perches. 

Excepting  and  reserving  a strip  of  land  to  its  extremity 
through  the  aforesaid  described  tract  of  land  which  the 
said  A.  G.  Morris  and  Mary  E.,  his  wife,  conveyed  on  No- 


18 


vember  8,  1890,  to  the  Bald  Eagle  Valley  Railroad  Company, 
as  more  fully  set  out  in  the  deed  of  conveyance  recorded  in 
Deed  Book  63,  page  262. 

27.  Also  all  that  certain  tract  of  unseated  land  situate 

in  Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows:  Beginning  at  a pine  on  line  of 

James  Harris  tract,  thence  north  79  degrees  east  100  rods 
to  a chestnut  oak,  thence  north  56  rods  to  a pine,  thence 
north  60  degrees  east  30  rods  to  a chestnut  oak,  thence 
north  31  degrees  west  121  rods  to  a chestnut  oak,  thence 
south  65  degrees  west  97  rods  to  a pine,  thence  south  63 
degrees  west  83  rods  to  a post,  thence  south  42  degrees  east 
155  rods  to  the  place  of  beginning,  containing  100  acres, 
more  or  less. 

The  aforesaid  last  two  described  tracts  of  land  being 
the  same  tracts  of  land  which  A.  G.  Morris  and  Mary  E., 
his  wife,  by  their  deed  of  conveyance  bearing  date  July  1, 
1902,  did  convey  unto  the  American  Lime  and  iStone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85,  page  522. 

28.  Also  all  that  certain  tract  of  land  situate  in  Marion 

Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  No.  1.  Beginning  at  stones,  thence 

north  32  degrees  west  15.1  perches  to  stones,  thence  along 
land  of  Henry  Yearick  south  64  degrees  west  17  perches  to 
a post,  thence  along  same  south  62  degrees  west  70  perches 
to  a hickory,  thence  south  51  degrees  west  84  perches  to 
a cherry,  thence  along  lands  of  Hoy  south  43  degrees  west 
15  perches  to  a cherry,  thence  north  51  degrees  east  116% 
perches  to  stones,  thence  north  73  degrees  east  51  perches 
to  the  place  of  beginning,  containing  15  acres  and  145 
perches,  neat  measure. 

The  said  Henry  Yearick  excepting  and  reserving  unto 
himself  his  heirs  and  assigns  forever  the  use  of  a road  25 
feet  wide  along  the  eastern  end  of  said  tract  of  land  with  the 
right  however  in  A.  G.  Morris  to  use  said  road  jointly  with 
the  grantor.  It  was  also  expressly  understood  and  agreed 
that  the  said  A.  G.  Morris,  his  heirs  and  assigns  shall  in 
no  way  interfere  with  or  obstruct  the  flow  of  the  water  in 
the  stream  or  water  course  along  the  north  side  of  said  tract 
of  land,  but  at  all  times  shall  keep  the  same  clear  of  all 
obstructions  so  as  to  permit  the  same  to  flow  in  its  natural 
course. 

29.  Also  all  that  certain  tract  of  land  situate  in  Marion 

19 


Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  No.  2.  Beginning  at  stones,  thence 
north  83  degrees  west  28  perches  to  a post,  thence  south 
45  degrees  west  18.7  perches  to  a post,  thence  south  64  de- 
grees west  15.9  perches  to  post,  thence  south  43  degrees  west 
12 i/2  feet  to  a post,  thence  north  64.9  perches  to  a post, 
thence  north  63  degrees  east  18  perches  to  stones, 
thence  north  62  degrees  east  15  perches  to  the  place  of  be- 
ginning, containing  2 acres  and  117  perches,  neat  measure. 

Excepting  and  reserving  a right  of  way  over  and  across 
said  premises  to  and  from  the  lot  of  ground  lying  to  the 
south  and  west,  said  right  of  way  to  be  so  located  as  not 
to  interfere  with  operations  of  said  Morris  unnecessarily, 
but  to  be  so  located  as  to  be  of  material  use  to  the  said 
Henry  Yearick,  his  heirs  and  assigns. 

The  aforesaid  two  last  described  tracts  of  land  being 
the  same  tracts  of  land  which  A.  G.  Morris  and  Mary  E., 
his  wife,  by  their  deed  of  conveyance  bearing  date  July  1, 
1902,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85,  page  522,  and,  as  aforesaid,  sub- 
ject to  the  exceptions  and  reservations  and  restrictions 
contained  in  the  deed  of  Henry  Yearick  to  the  said  A.  G. 
Morris  for  the  above  last  described  two  tracts,  and  re- 
corded in  Centre  County  in  Deed  Book  74,  page  106. 

30.  All  the  right,  title  and  interest  in  and  to  all  lime- 
stone lying  north  of  the  Great  Road  with  such  ground  ly- 
ing on  the  north  side  of  the  road  necessary  for  dumping 
purposes,  and  the  right  to  use  the  water  from  the  spring 
from  which  the  water  is  now  piped  to  the  buildings  in 
conjunction  with  the  use  of  same  for  farm  purposes,  and 
to  build  a reservoir  and  lay  pipe  lines  for  the  carrying 
of  the  water,  said  Company  to  leave  a strip  20  feet  in  width 
along  the  east  side  of  the  limestone  and  adjoining  property 
of  W.  W.  Omdorf  for  water  pipes  and  drive  way  to  reach  the 
northern  fields,  as  exceoteci  and  reserved  out  of  all  those 
certain  two  tracts  of  land  situate  in  Marion  Township, 
Centre  County  Pennsylvania,  bounded  and  described  as  fol- 
lows : 

The  one,  beginning  at  stones,  thence  by  land  of  Simon 
Yarger  (now  M.  R.  Betz)  north  21  degrees  west  146.5 
perches  to  a stone,  thence  north  60%  degrees  east  44.8 
perches  to  a post,  thence  north  301/2  degrees  west  66.5 
perches  to  a post,  thence  by  lands  of  William  Allison,  Jr. 
north  80  degrees  east  21.4  perches  to  a white  oak,  thence 


20 


south  30V£  degrees  east  64.2  perches  to  a white  oak,  thence 
north  60%  degrees  east  66  perches  to  a post,  thence  by 
land  of  George  S.  Hoy  south  30  degrees  east  137.75  perches 
to  a hickory,  thence  by  land  of  John  Strunk  south  60  de- 
grees west  151  perches  to  the  place  of  beginning,  contain- 
ing 132  acres  and  43  perches;  and 

The  other,  beginning  at  the  great  road  leading  from 
Jacksonville  down  the  valley,  thence  by  lands  formerly  of 
Christian  Yarger  north  30  degrees  west  45.5  perches  to  a 
post  thence  south  60%  degrees  west  66  perches  to  a white 
oak,  thence  30^  degrees  west  64.2  perches  to  a white  oak, 
thence  south  80  degrees  west  44.5  perches  to  a white  oak, 
thence  north  30  degrees  west  52  perches  to  stones,  thence 
north  55  degrees  east  187  perches,  thence  west  to  the  place 
of  beginning,  containing  72  acres  and  77  perches  and  al- 
lowance. 

The  aforesaid  described  excepted  and  reserved  prop- 
erty and  rights  being  the  same  property  and  rights  which 
the  American  Lime  and  Stone  Company  by  its  deed  of 
conveyance  bearing  date  March  31,  1911,  did  except  and 
reserve  out  of  the  land  therein  conveyed  unto  George  N. 
Hoy,  and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  112,  page  84. 

31.  Also  all  that  certain  tract  of  land  situate  in  Mar- 
ion Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows:  No.  1.  Beginning  at  a post  on  land 
of  Laura  E.  Beck,  thence  by  land  of  Perry  and  Daniel 
Condo  and  James  W.  Beck  north  43  degrees  west  185  per- 
ches to  stones,  thence  by  land  of  P.  W.  McDowell  now  Jacob 
H.  Omdorff  and  hereinafter  mentioned  as  tract  No.  2,  north 
47  degrees  east  67.7  perches  to  stone,  thence  by  Ziegler's 
land  south  43  degrees  east  43.4  perches  to  post,  thence 
south  31  degrees  west  7.8  perches  to  post,  thence  south 
43  degrees  east  16.6  perches  to  post,  thence  north  31  de- 
grees east  24.6  perches  to  post  by  lands  of  Mrs.  William  P. 
Lucas,  thence  south  43  degrees  east  1343/4  perches  to  a 
post,  thence  by  land  of  Laura  E.  Beck  south  52  degrees 
west  82.6  perches  to  the  place  of  beginning,  containing  90 
acres  and  133  perches. 

Excepting  and  reserving  a cemetery  lot  containing  2 
acres  and  149  perches,  conveyed  by  William  Beck  and  wife 
former  owner  to  Isaac  Frain  and  others,  trustees  of  Oak 
Grove  Cemetery  by  deed  dated  April  3,  A.  D.  1886,  and  re- 
corded in  Deed  Book  64,  page  185. 


21 


32.  Also  all  that  certain  tract  of  land  situate  in  Mar- 
ion Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows:  No.  2 Beginning  at  a post  comer  of 
land  of  J.  W.  Beck,  thence  by  Muncy  Mountain  north  53 
degrees  east  69  perches  to  stones,  thence  south  43  degrees 
east  68  perches  to  stones,  thence  by  tract  No.  1 above  de- 
scribed south  47  degrees  west  67.7  perches  to  stone,  thence 
by  land  of  J.  W.  Beck  north  43  degrees  west  75  perches  to 
place  of  beginning,  containing  30  acres  and  40  perches  more 
or  less,  the  whole  containing  118  acres  and  24  perches  more 
or  less. 

That  the  aforesaid  two  last  described  tracts  of  land 
being  the  same  tracts  of  land  which  Jacob  H.  Orndorf  and 
Elmira,  his  wife,  by  their  deed  of  conveyance  bearing  date 
July  29,  1905,  did  convey  unto  the  American  Lime  and  Stone 
Company,  and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  96,  page  50,  and  rerecorded  in  Deed 
Book  96,  page  108. 

33.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Marion  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a pine  stump,  being 
corner  of  land  formerly  owned  by  Simon  Yarger,  thence  by 
Simon  Yarger  line  and  the  public  road  leading  from  Howard 
to  Jacksonville  north  56%  degrees  west  10  perches  to  a 
stone,  thence  by  land  of  Jacob  Hoy  north  70%  degrees  west 
6.4  perches  to  a stone,  thence  north  57  degrees  west  9.9 
perches  to  a stone,  thence  by  land  of  George  J.  Hoy  south 
53%  degrees  west  9.9  perches  to  a stone,  thence  by  a road, 
school  house  lot,  lands  of  James  Gordon  and  A.  Shade  south 
51  degrees  east  20  perches  to  stones,  thence  by  the  church 
lot  north  71%  degrees  east  1.1  perches  to  a white  oak 
stump,  thence  south  32  degrees  east  1.8  perches  to  a stone, 
thence  north  60  degrees  east  6 perches  to  a stone,  thence 
south  30  degrees  east  4.9  perches  to  a stone,  thence  by  lands 
of  A.  Geary,  John  Zook  and  Harding’s  heirs  north  32% 
degrees  east  9.1  perches  to  the  place  of  beginning,  contain- 
ing 1 acre  and  119  perches  neat  measure. 

34.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Marion  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a stone  in  the  great 
Road  it  being  a corner  of  this  land  and  land  of  George  J. 
Hoy,  thence  along  the  land  of  George  J.  Hoy  north  59  de- 
grees west  22  perches  to  stones,  thence  by  same  south 
49%  degrees  east  13.3  perches  to  stones,  thence  by  same 

22 


south  76  degrees  east  8.8  perches  to  the  place  of  beginning, 
containing  27  perches  neat  measure,  and  known  as  the  Mc- 
Cullough Lime  Kiln  Property. 

The  aforesaid  two  last  described  lots  or  tracts  of  land 
being  the  same  lots  or  tracts  of  land  which  A.  G.  Morris 
and  Mary  E.,  his  wife,  by  their  deed  of  conveyance  bearing 
date  July  1,  1902,  did  convey  unto  the  American  Lime  and 
Stone  Company,  and  said  deed  of  conveyance  is  recorded  in 
Centre  County  in  Deed  Book  85,  page  522. 

35.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed' as  follows : Beginning  at  a point  in  the  public  road 
leading  from  Pleasant  Gap  to  Zion,  thence  along  lands  of 
W.  H.  Caldron  south  41  degrees  east  114  perches  to  post, 
thence  south  41  degrees  west  3%  perches  to  post,  thence 
south  51  degrees  east  59  perches  to  post,  thence  along 
lands  of  John  Meyers,  David  Baird  et  al.  south  45  degrees 
west  67  perches  to  post,  thence  along  lands  of  John  Myers, 
David  Baird  and  others  north  43  degrees  west  63  perches 
to  post,  thence  south  47  degrees  45  minutes  west  18%  per- 
ches to  post,  thence  north  44  degrees  west  32 14  perches  to 
post,  thence  south  46  degrees  45  minutes  west  12%  per- 
ches to  post,  thence  north  44  degrees  west  39  perches  to 
post,  thence  north  45  degrees  45  minutes  east  12%  Par- 
ches to  post,  thence  north  43  degrees  30  minutes  west  71 
perches  to  public  road,  thence  north  72  degrees  east  along 
said  road  47  perches,  thence  along  said  road  north  61  de- 
grees east  45%  perches  to  the  place  of  beginning,  contain- 
ing 96  acres  and  75  perches  more  or  less ; excepting  and  re- 
serving for  the  use  of  William  H.  Baird  a private  right  of 
way  of  12  feet  in  width  along  the  western  line  of  said  farm 
to  the  public  road  leading  from  Pleasant  Gap  to  Zion. 

The  aforesaid  described  tract  of  land  being  the  same 
tract  of  land  which  Charles  Echenroth  and  Elizabeth,  his 
wife,  by  their  deed  of  conveyance  bearing  date  June  27th, 
1906,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  97,  page  115. 

36.  And  also  all  the  right,  title  and  interest,  appur- 
tenant to  the  aforesaid  last  described  tract  of  land,  in  and 
to  the  right  to  continue  to  use  the  water  from  a small 
spring  on  said  tract  of  land,  and  the  right  of  free  ingress 
and  egress  in  and  upon  about  half  an  acre  including  said 


23 


spring,  to  ditch,  pipe  and  convey  said  water  and  keep 
ditches,  pipes,  etc.,  in  repair,  as  excepted  and  reserved  to 
the  heirs  and  assigns  of  John  Furey  in  a certain  deed  of 
conveyance  of  Andrew  J.  Swartz  and  Phebe  K.,  his  wife, 
unto  Jasper  N.  Brooks,  bearing  date  May  23,  1878,  and 
recorded  in  Centre  County  in  Deed  Book  N 2,  page  566. 

37.  Also  all  that  certain  tract  of  land  situate  in  Marion 

Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  Beginning  at  a stone  near  the  Turn- 

pike and  opposite  the  Cave  Spring  on  land  of  Henry  Yea- 
rick,  thence  north  21%  degrees  west  1.9  rods  to  a stone 
on  east  side  of  the  Turnpike,  thence  along  said  Turnpike 
north  6 degrees  east  6 rods  to  a stone,  thence  along  the 
same  north  11  y2  degrees  east  4.5  rods  to  a stone,  thence 
north  30  degrees  east  6.2  rods  to  a stone,  thence  north 
46%  degrees  24  rods  to  stone,  thence  north  55  degrees 
east  24.5  rods  to  a stone,  thence  south  43  degrees  east  15 
rods  along  line  of  William  Lucas  to  stone,  thence  south 
53^4  degrees  west  64.3  rods  to  place  of  beginning,  contain- 
ing 5 acres  and  4 perches. 

38.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Marion  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a stone  on  the  west 
side  of  Turnpike,  thence  along  lands  of  Henry  Yearick 
north  43  degrees  west  15  rods  to  a stone,  thence  south  87 
degrees  east  11.8  perches  (rods)  to  stone  at  line  of  Turn- 
pike, thence  along  line  of  Turnpike  south  8 degrees  west  10 
rods  to  place  of  beginning,  containing  58.8  perches  be  the 
same  more  or  less. 

39.  Also  the  right  of  way  conveyed  to  the  grantors  in 
connection  with  the  last  two  described  tracts  of  land  for  the 
width  of  18  feet  parallel  with  the  west  line  of  the  Turnpike 
as  it  runs  through  the  Beck  property  for  the  purpose  of 
constructing  thereon  a railroad  for  transportation  of  lime, 
etc.,  as  more  particularly  set  forth  in  the  deed  of  A.  A. 
Stevens  for  the  aforesaid  right  of  way. 

The  aforesaid  last  two  described  tracts  of  land  and 
right  of  way  being  the  same  tracts  of  land  and  right  of  way 
which  A.  A.  Stevens  and  Sarah  C.,  his  wife,  by  their  deed  of 
conveyance  bearing  date  July  1,  1902,  did  convey  unto  the 
American  Lime  and  Stone  Company,  and  said  deed  of  convey- 
ance is  recorded  in  Centre  County  in  Deed  Book  85,  page  521. 


24 


40.  Also  all  that  certain  tract  of  land  situate  in  Marion 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows : Beginning  at  a post  in  public  road  lead- 
ing from  Bellefonte  to  Mill  Hall,  thence  along  land  of  Henry 
Yearick  north  43  degrees  west  217  perches  to  stones,  thence 
north  53  degrees  east  66  perches  to  post,  thence  south  43 
degrees  east  about  218  perches  tq  post  in  said  public  road, 
thence  south  53  degrees  west  along  said  public  road  65.3 
perches  to  the  place  of  beginning,  containing  87  acres  and  89 
perches  more  or  less,  and  being  the  same  tract  of  land  which 
Mary  R.  Beck,  widow,  by  her  deed  of  conveyance  bearing 
date  May  11,  1907,  did  convey  unto  the  American  Lime  and 
Stone  Company,  and  said  deed  of  conveyance  is  recorded  in 
Centre  County  in  Deed  Book  100,  page  196. 

The  aforesaid  two  tracts  of  land  and  right  of  way 
described  in  paragraphs  37,  38  and  39,  are  embraced  within 
the  boundaries  of  the  tract  of  land  above  mentioned. 

41.  Also  all  that  certain  tract  of  land  situate  in  Marion 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows : Beginning  at  a stone  thence  along  lands 
of  Enos  Ertly  and  William  Long  north  60Mj  degrees  east  10 
perches  to  stones,  thence  along  lands  of  Jacob  McCaulley 
south  45  east  19  perches  to  stone,  thence  along  the  same 
south  19  degrees  east  4.1  perches  to  post,  thence  along  lands 
of  Enos  Ertly  north  62'  degrees  east  22.4  perches  to  the  place 
of  beginning,  containing  140  perches  more  or  less,  and 
being  same  tract  of  land  which  A.  G.  Morris  and  Mary  E., 
his  wife,  by  their  deed  of  conveyance  bearing  date  July  1, 
1902,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85,  page  522. 

42.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows : Beginning  at  a point  on  the  east  line  of 
James  Harris  warrant  at  the  northeast  comer  of  land 
formerly  of  William  A.  Thomas  and  since  his  death  conveyed 
by  the  trustee  under  his  last  will  and  testament  to  the  Belle- 
fonte Furnace  Company  by  deed  dated  October  18,  1887,  and 
recorded  in  Centre  County  in  Deed  Book,  Vol.  54,  page  330, 
thence  north  41  degrees  west  129  perches  to  stones  on  top 
of  mountain,  thence  by  land  formerly  of  Alexander  and 
Brother  south  65  degrees  west  134'%  perches  to  stones, 
thence  along  land  formerly  of  William  H.  Humes,  now  A. 


25 


G.  Morris,  south  41  degrees  east  1B9.7  perches  to  pine 
stump  on  the  east  bank  of  Dry  Run,  thence  along  same  land 
south  32  degrees  east  13  perches  to  a post  on  southwest  cor- 
ner of  land  conveyed  by  the  aforesaid  Trustee  by  deed  dated 
June  15,  1875,  to  William  B.  Eckly,  thence  along  land  of 
said  William  B.  Eckly  the  following  courses  and  distances, 
north  29%  degrees  west  15  perches  to  a post,  thence  north 
41 1/4  degrees  west  8 perches  to  a post,  thence  north  33  de- 
grees west  45  perches  to  stones,  thence  north  5D/2  degrees 
east  6y2  perches  to  a post,  thence  south  36  degrees  east  49 
perches  to  post,  thence  by  land  of  the  estate  of  William  A. 
Thomas,  deceased,  and  the  foregoing  land  of  the  Bellefonte 
Furnace  Company  north  60  degrees  east  136.2  perches  to 
the  place  of  beginning,  containing  100  acres  more  or  less. 

Excepting  and  reserving,  nevertheless,  those  two  certain 
messuages,  tenements  and  lots  of  ground  bounded  and  de- 
scribed as  follows : The  one  thereof,  beginning  at  a post  on 
the  eastern  line  of  the  public  road  opposite  or  nearly  oppo- 
site the  northeast  corner  of  the  aforesaid  land  of  William 
B.  Eckley,  thence  by  said  public  road  north  25  degrees  west 
12  perches  to  a post,  thence  by  land  of  the  estate  of  William 
A.  Thomas,  deceased,  the  following  courses  and  distances: 
north  65  degrees  east  13  1/3  perches  to  a chestnut  oak, 
thence  south  25  degrees  east  12  perches  to  a post,  thence 
south  65  degrees  west  13  1/3  perches  to  the  place  of  begin- 
ning, containing  1 acre  which  was  conveyed  by  the  afore- 
said Trustee  to  George  Robb. 

And  the  other  thereof,  beginning  at  a stone  on  the  eas- 
tern line  of  the  aforesaid  public  road  14.8  perches  from  the 
southwest  corner  of  the  aforesaid  George  Robb  tract,  thence 
by  said  public  road  south  36  degrees  east  12  perches  to 
stone,  thence  by  land  of  the  estate  of  William  A.  Thomas, 
deceased,  the  following  courses  and  distances:  north  54 

degrees  east  13  1/3  perches  to  stones,  thence  north  36  de- 
grees west  12  perches  to  stone,  thence  south  54  degrees 
west  13  1/3  perches  to  the  place  of  beginning,  containing  1 
acre  which  was  conveyed  by  the  aforesaid  Trustees  to 
Samuel  K.  Miller. 

The  aforesaid  described  tract  of  land  being  the  same 
tract  of  land  which  A.  G.  Morris  and  Mary  E.,  his  wife,  by 
their  deed  of  conveyance  bearing  date  July  1,  1902,  did  con- 
vey unto  the  American  Lime  and  Stone  Company,  and  said 
deed  of  conveyance  is  recorded  in  Centre  County  in  Deed 
Book  85,  page  522. 

43.  Also  all  that  certain  tract  of  land  situate  in  Belle- 

26 


fonte  Borough,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows : Beginning  at  a point  on  the  line  of  the 
property  of  the  grantor  hereto,  and  other  property  of  the 
grantee,  and  the  west  line  of  the  right  of  way  of  the  Belle- 
fonte  Central  Railroad,  then  north  along  line  between  prop- 
erty of  the  grantor  and  grantee  49 % degrees  west  64  feet 
to  an  iron  pin,  then  along  line  of  other  property  of  the 
grantee  south  70%  degrees  west  336  feet  to  an  iron  pin, 
then  south  along  line  of  other  property  of  the  grantee  23% 
degrees  east  141.5  feet  to  an  iron  pin  in  the  bed  of  Buffalo 
Run,  then  north  71%  degrees  east  124  feet  to  an  iron  pin  on 
the  bank  of  Buffalo  Run,  then  north  23%  degrees  west  84 
feet,  crossing  the  Bellefonte  Central  Railroad,  to  an  iron  pin 
on  the  right  of  way  on  said  road,  then  along  said  right  of 
way  north  70%  degrees  east  239  feet  to  the  place  of  begin- 
ning, containing  110.5  perches,  and  being  the  same  tract  of 
land  which  the  Bellefonte  Window  Glass  Company  by  its 
deed  of  conveyance  bearing  date  December  6,  1902,  did  con- 
vey unto  the  American  Lime  and  Stone  Company,  and  said 
deed  of  conveyance  is  recorded  in  Centre  County  in  Deed 
Book  95,  page  423. 

44.  Also  all  that  certain  tract  of  land  situate  in  Belle- 
fonte Borough,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows : Beginning  at  a post  on  the  north  side 
of  the  public  road  leading  from  Bellefonte  to  Coleville,  thence 
by  said  road  north  62%  degrees  east  72  feet  to  a post,  thence 
by  land  of  Bellefonte  Central  Railroad  Company  north  24% 
degrees  west  100  feet  to  a post,  and  north  65%  degrees  east 
330  feet  to  a post,  thence  by  land  of  the  Estate  of  William 
A.  Thomas,  deceased,  north  24%  degrees  west  134  feet  to  a 
post,  and  north  65%  degrees  east  130%  feet  to  a post  on 
public  road  leading  from  Bellefonte  to  McCalmont  and  Com- 
pany’s Lime  Kilns,  thence  across  said  road  along  the  right 
of  way  of  the  Pennsylvania  Railroad  Company  north  32% 
degrees  east  89  feet  to  a post,  and  recrossing  said  road  south 
64  degrees  west  86  feet  to  a post,  thence  by  other  land  of 
the  Estate  of  William  A.  Thomas,  deceased,  south  24%  de- 
grees east  6 feet  to  a post,  thence  south  65%  degrees  west 
119  feet  to  a post,  thence  north  24%  degrees  west  83  feet 
to  a post,  and  thence  by  same  and  land  of  James  R.  and 
C.  T.  Alexander  north  50%  degrees  west  156  feet  to  a post, 
thence  north  69%  degrees  west  336  feet  to  a post,  and  thence 
by  lands  of  Rolling  Mill  Company  and  the  Estate  of  William 


27 


A.  Thomas,  deceased,  south  24%  degrees  east  526  feet  to  the 
place  of  beginning,  containing  4 acres  more  or  less. 

Excepting  and  reserving  therefrom  the  following:  All 
that  piece  or  parcel  of  land  situate  in  Bellefonte  Borough, 
Centre  County,  Pennsylvania,  bounded  and  described  as  fol- 
lows: Beginning  at  an  iron  pin,  thence  along  land  of  the 

Bellefonte  Central  Railroad  south  23%  degrees  east  141.5 
feet  to  an  iron  pin  in  Buffalo  Run,  thence  along  land  of  Belle- 
fonte Window  Glass  Company  north  71%  degrees  east  124 
feet  to  an  iron  pin,  thence  along  same  north  23%  degrees 
west  84  feet  to  an  iron  pin,  thence  along  same  north  70% 
degrees  east  239  feet  to  an  iron  pin,  thence  along  land  of 
the  American  Lime  and  Stone  Company,  north  49%  degrees 
west  64  feet  to  an  iron  pin,  thence  along  same  south  70% 
degrees  west  336  feet  to  an  iron  pin  the  place  of  beginning, 
containing  110%  perches. 

The  aforesaid  described  tract  of  land  being  the  same 
tract  of  land  which  John  L.  Knisely,  Receiver  of  the  Belle- 
fonte Window  Glass  Company  by  his  deed  of  conveyance 
bearing  date  May  17,  1905,  did  convey  unto  the  American 
Lime  and  Stone  Company,  and  said  deed  of  conveyance  is 
recorded  in  Centre  County  in  Deed  Book  94,  page  502. 

45.  Also  all  that  certain  tract  of  land  situate  partly  in 
Bellefonte  Borough  and  partly  in  Spring  Township,  Centre 
County,  Pennsylvania,  bounded  and  described  as  follows: 
Beginning  at  a stone  in  the  center  of  Spring  Creek  near  the 
confluence  of  the  Buffalo  Run  and  said  Creek,  thence  along 
center  of  Spring  Creek  north  3 degrees  west  40  perches  to 
stones,  thence  south  86%  degrees  west  along  the  meadow 
across  public  road  and  along  lot  of  Perry  Lucas  34.3  perches 
to  middle  of  alley,  thence  along  said  alley  south  3%  degrees 
east  16  perches  to  post,  thence  south  59%  degrees  west  110 
perches  to  post,  thence  along  lot  of  John  D.  Lieb’s  heirs 
south  46  degrees  east  29.8  perches  to  a post,  thence  along 
lands  of  Scott  and  Shoemaker  and  others  north  67%  degrees 
east  86  perches  to  post,  thence  along  lands  of  Bellefonte 
Glass  Company  south  44  degrees  east  10.5  perches  to  post, 
thence  along  lands  of  William  A.  Thomas  Estate  north  46 
degrees  east  36  perches  to  the  place  of  beginning,  containing 
31  acres  and  26  perches  more  or  less,  being  what  is  known 
as  the  “Alexander  Lime  Kiln  Property.,, 

Excepting  and  reserving  nevertheless  therefrom,  the 
following:  A piece  of  land  sold  to  Philip  Collins  lying  be- 
tween the  right  of  way  of  the  Buffalo  Run,  and  Bellefonte 


28 


and  Bald  Eagle  Railroad  and  the  center  of  the  Buffalo  Run 
Stream  and  the  railroad  bridge  of  the  Bellefonte  and  Snow 
Shoe  Railroad  over  the  same,  and  the  bridge  at  the  public 
road  crossing  the  same  near  the  Bellefonte  Glass  Works  as 
described  in  deed  to  the  said  Philip  Collins;  also  excepting 
and  reserving  a strip  of  land  conveyed  to  the  Bald  Eagle 
Valley  Railroad,  containing  1.468  acres  more  or  less,  with 
a reservation  of  the  right  of  way  over  the  above  described 
premises  to  construct  a single  track  siding  from  the  termi- 
nus of  the  Buffalo  Run,  Bellefonte  and  Bald  Eagle  Railroad 
northerly  to  the  lands  of  the  said  heirs  of  C.  T.  Alexander, 
deceased,  along  side  of  and  parallel  with  the  Bellefonte  and 
Snow  Shoe  Railroad  track,  and  to  be  contructed  in  a man- 
ner so  as  not  to  interfere  with  the  siding  in  connection  with 
the  lime  kilns  and  the  coal  yards,  and  said  right  of  way  not 
to  exceed  12  feet  in  width  from  line  of  main  track  of  said 
Bellefonte  and  Snow  Shoe  Railroad ; and  also  excepting  and 
reserving  from  the  premises  hereinbefore  described  four 
lots  heretofore  sold  to  Loch  and  Clark,  George  Shaeffer, 
Daniel  Wyland  and  Nicholas  Reeding,  the  same  then  being 
occupied  by  them  or  their  assigns. 

The  aforesaid  described  tract  of  land  being  the  same 
tract  of  land  which  Robert  McCalmont  by  his  deed  of  con- 
veyance bearing  date  December  28,  1901,  and  Rose  McCal- 
mont Shortlidge  et  al.  by  their  deed  of  conveyance  bearing 
date  December  28,  1901,  and  J.  R.  Alexander  by  his  deed  of 
conveyance  bearing  date  January  6,  1902,  did  convey  unto 
the  American  Lime  and  Stone  Company  their  respective  un- 
divided interests,  and  said  respective  deeds  of  conveyance 
are  recorded  in  Centre  County  in  Deed  Book  85,  pages  341, 
and  342,  and  in  Deed  Book  86,  page  314. 

46.  Also  all  that  certain  lot  or  piece  of  land  situate  in 
Bellefonte  Borough,  Centre  County,  Pennsylvania,  beginning 
at  a post,  on  the  north  side  of  Buffalo  Run,  thence  north  40 
degrees  west  156  feet  to  a post,  thence  north  57%  degrees 
east  30  feet  3 inches  to  a post,  thence  south  40  degrees  east 
149  feet  to  a post,  thence  south  50  degrees  west  30  feet  to 
the  place  of  beginning,  being  the  western  half  of  lot  No.  2 
in  the  general  plan  of  several  lots  laid  out  by  Alexander  Bros, 
as  an  addition  to  the  Borough  of  Bellefonte  and  then  having 
thereon  erected  a two  story  frame  house  and  outbuildings, 
and  being  the  same  lot  or  piece  of  land  which  Catherine 
Fennell,  widow,  formerly  Catherine  Kelley,  by  her  deed  of 
conveyance  bearing  date  April  28,  1902,  did  convey  unto 


29 


the  American  Lime  and  iStone  Company,  and  said  deed  of 
conveyance  is  recorded  in  Centre  County  in  Deed  Book  87, 
page  198. 

47.  Also  all  that  certain  tract  of  land  situate  partly  in 
Spring  Township  and  partly  in  Bellefonte  Borough,  Centre 
County,  Pennsylvania,  bounded  and  described  as  follows: 
Beginning  at  a post  or  wooden  pin  on  line  of  land  of  Charles 
McCafferty  and  about  18  feet  east  of  the  Bellefonte  and 
Milesburg  Turnpike  on  the  north  side  of  the  proposed  ex- 
tension of  Beaver  Street  near  where  said  street  crosses  said 
Turnpike,  thence  south  79  degrees  48  minutes  west  77  feet 
to  a post,  thence  north  16  degrees  45  minutes  west  320  feet 
to  a post  in  centre  of  Morris  Railroad  siding,  thence  north  2 
degrees  41  minutes  west  205  1-6  feet  to  an  elm  witness, 
thence  north  5 degrees  55  minutes  east  230%  feet  to  a post, 
thence  south  81  degrees  28  minutes  east  127  feet  to  a post 
on  the  line  of  said  Turnpike,  thence  along  said  Turnpike 
south  9 degrees  41  minutes  west  281.5  feet  to  a post  on  said 
Turnpike,  thence  south  63  degrees  45  minutes  west  55  feet  to 
a post,  thence  south  11  degrees  15  minutes  east  251  feet  to 
a post,  thence  north  77  degrees  45  minutes  east  41  feet  to  a 
post  near  said  Turnpike,  thence  south  11  degrees  30  minutes 
east  175.5  feet  to  a post  the  place  of  beginning,  containing 
1 acre  and  46.6  perches  be  the  same  more  or  less. 

Excepting  however,  out  of  said  description  any  lands  the 
title  to  which  might  already  be  vested  in  said  A.  G.  Morris  by 
other  deeds  held  by  him  for  adjoining  property.  Subject 
nevertheless,  to  the  following  exceptions  and  reservations, 
viz: 

First.  The  right  in  connection  with  Frank  McCoy  and 
J.  D.  Shugert  their  heirs  and  assigns  to  hereafter  require 
that  the  bed  of  the  old  canal  be  open  and  cleared  of  all  ob- 
structions sufficiently  to  allow  a full  head  of  water  when 
the  gates  are  drawn  to  pass  freely  through  the  old  canal 
as  a channel  or  race  for  water  power  in  connection  with 
other  property  then  owned  immediately  north  of  the  land 
hereby  conveyed  at  or  near  the  old  canal  lock.  It  being  un- 
derstood that  when  said  parties  their  heirs  and  assigns  are 
ready  to  use  said  water  power  said  Morris,  his  heirs  and 
assigns  will  have  said  channel  cleared  and  put  in  condition  so 
that  the  water  will  be  allowed  to  pass  through  freely  and 
unobstructed. 

Second.  The  said  parties  in  connection  with  said 
Frank  McCoy  and  J.  D.  Shugert  further  reserved  the 
right  to  themselves,  their  heirs  and  assigns  to  run  a 


30 


railroad  track  through  the  land  above  described  from  Belle- 
fonte  to  Milesburg  along  the  bank  or  tow  path  of  said  old 
canal  not  to  exceed  a single  track  in  width. 

The  said  described  tract  of  land  being  the  same  tract 
of  land  which  A.  G.  Morris  and  Mary  E.,  his  wife,  by  their 
deed  of  conveyance  bearing  date  July  1,  1902,  did  convey 
unto  the  American  Lime  and  Stone  Company,  and  said  deed 
of  conveyance  is  recorded  in  Centre  County  in  Deed  Book 
85,  page  522. 

48.  Also  all  that  certain  piece  or  tract  of  land  situate 
in  Spring  Township,  Centre  County,  Pennsylvania,  bounded 
on  the  north  by  lot  of  McCoy  and  Linn,  on  the  west  by  Belle- 
fonte  and  Philipsburg  Turnpike,  on  the  south  by  lands  of 
John  P.  Harris  and  J.  D.  Shugert,  and  on  the  east  by  other 
lands  of  the  said  A.  G.  Morris,  being  a strip  of  land  lying 
and  being  along  the  lots  of  A.  G.  Morris,  between  said  lots 
and  said  Turnpike,  and  between  the  lines  in  Deed  from 
Samuel  Linn  and  wife  to  John  P.  Harris  and  J.  D.  Shugert, 
dated  February  12,  1872,  recorded  in  Centre  County  in  Deed 
Book  G 2,  page  538,  and  Deed  from  John  P.  Harris  and  J.  D. 
Shugert  to  Seth  H.  Yocum,  dated  April  1,  1875,  and  recorded 
in  Centre  County  in  Deed  Book  K 2,  page  581,  and  being 
the  same  piece  or  tract  of  land  which  A.  G.  Morris  and 
Mary  E.,  his  wife,  by  their  deed  of  conveyance  bearing  date 
July  1,  1902,  did  convey  unto  the  American  Lime  and  Stone 
Company,  and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85,  page  522. 

49.  Also  all  that  certain  tract  of  land  situate  in  Spring 

Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  No.  1.  Beginning  at  a post  on  the 

northeast  corner  of  Charles  McCafferty’s  lot,  thence  along 
land  of  McCoy  and  Linn  north  12%  degrees  west  383  feet, 
thence  along  land  of  McCoy  and  Linn  south  631/2  degrees 
west  545  feet  to  the  Bald  Eagle  Canal,  thence  along  said 
Canal  south  11  % degrees  east  251  feet,  thence  along  lot  of 
Charles  McCafferty  north  77%  degrees  east  535  feet  to  the 
place  of  beginning,  containing  3 acres  and  123  perches  neat 
measure. 

Together  with  the  right  to  trestle  track  across  Spring 
Creek  and  use  of  water  power  as  conveyed  to  the  said  A.  G. 
Morris  by  William  Shortlege  and  Bond  Valentine.  Subject 
to  the  reservations  contained  in  deed  from  James  H.  Linn 
et  ux.  and  John  McCoy  et  ux.  to  William  Shortlege,  dated 


31 


April  1,  1863,  and  recorded  in  Centre  County  in  Deed  Book 
Y,  page  148. 

50.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  No.  2.  Beginning  at  a post  and  stone 
corner  of  lots  of  Shortlege  & Company,  thence  by  Lyon 
and  James  Harris  north  11%  degrees  west  100  feet  to  a post, 
thence  by  land  of  Harris  and  Shugert  south  64  degrees  west 
438  feet  to  center  of  the  Bellefonte  and  Philipsburg  Turn- 
pike, thence  by  the  same  south  12  degrees  west  118  feet  to 
land  of  Shortlege  & Company,  thence  by  same  north  64  de- 
grees east  490  feet  to  place  of  beginning,  containing  1 acre 
and  10  perches  neat  measure. 

Subject  to  the  exceptions  and  reservations  contained  in 
deed  of  William  Shortlege  and  Bond  Valentine  to  the  said 
A.  G.  Morris  conveying  said  tract  of  land. 

The  aforesaid  two  last  described  tracts  of  land  being  the 
same  tracts  of  land  which  A.  G.  Morris  and  Mary  E.,  his 
wife,  by  their  deed  of  conveyance  bearing  date  July  1,  1902, 
did  convey  unto  the  American  Lime  and  Stone  Company, 
and  said  deed  of  conveyance  is  recorded  in  Deed  Book  85, 
page  522. 

51.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  Beginning  on  the  line  of  land  of  A.  G. 
Morris  and  heirs  of  D.  Z.  Kline,  deceased,  at  a point  2 rods 
south  of  a large  elm  tree,  thence  north  73  degrees  east  126 
rods  to  a post  on  line  of  land  of  heirs  of  D.  Z.  Kline,  deceased, 
and  the  heirs  of  H.  Brokerhoff,  deceased,  6 rods  south  of  a 
large  black  oak  standing  on  said  line,  thence  along  land  of 
said  Brockerhoif  heirs  north  30  degrees  west  about  97 
perches  to  a post,  thence  south  60  degrees  west  35  perches, 
thence  north  30  degrees  west  52  perches  to  a chestnut  oak, 
thence  south  59  degrees  west  30  perches  to  a pine,  thence 
south  56  perches  to  a chestnut  oak,  thence  south  79%  de- 
grees west  7 perches  to  a post,  thence  south  22%  degrees 
east  about  82  perches  to  the  place1  of  beginning,  containing 
80  acres  more  or  less,  and  being  the  same  tract  of  land  which 
H.  C.  Brew  et  ux.  et  al.  by  their  deed  of  conveyance  bearing 
date  December  9,  1901,  did  convey  unto  the  American  Lime 
and  Stone  Company,  and  said  deed  of  conveyance  is  recorded 
in  Centre  County  in  Deed  Book  86,  page  315. 

52.  Also  all  that  certain  tract  of  land  situate  in  Belle- 
fonte Borough,  Centre  County,  Pennsylvania,  bounded  and 

32 


described  as  follows:  On  the  east  by  road  leading  from 

Bellefonte  to  Milesburg,  formerly  a turnpike  road,  on  the 
south  by  lands  of  Linn  and  McCoy,  on  the  west  by  the  old 
canal,  and  on  the  north  by  lands  of  A.  G.  Morris,  and  being 
a lot  200  feet  in  length  on  the  canal  and  turnpike  boundaries, 
40  feet  more  or  less  on  the  northern  end,  and  44  feet  more  or 
less  on  the  southern  end,  and  subject  to  the  restrictions  and 
exceptions  which  were  reserved  in  the  deed  of  conveyance  of 
the  premises  of  which  the  above  piece  of  land  is  a part  as 
expressed  in  deed  bearing  date  April  1,  1872,  between  John 
M.  McCoy  et  ux.  et  al.  of  the  first  part,  and  Charles  Mc- 
Cafferty  of  the  second  part,  which  said  deed  is  recorded  in 
Centre  County  in  Deed  Book  H 2,  page  118,  and  being  the 
same  tract  of  land  which  Charles  K.  McCafferty  and  Cath- 
erine B.,  his  wife,  by  their  deed  of  conveyance  bearing  date 
December  16,  1901,  did  convey  unto  the  American  Lime  and 
Stone  Company,  and  said  deed  of  conveyance  is  recorded  in 
Centre  County  in  Deed  Book  86,  page  294. 

53.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
or  near  Bellefonte  Borough,  Centre  County,  Pennsylvania, 
bounded  and  described  as  follows:  Beginning  at  a post  18 
feet  northwardly  of  the  center  line  of  the  Bellefonte  Central 
Railroad  on  the  line  dividing  lands  of  the  said  Railroad  Com- 
pany from  lands  belonging  to  the  Bellefonte  Glass  Works 
Property,  thence  north  22  degrees  west  44.2  feet  to  the  line 
dividing  lands  of  the  said  Railroad  Company  from  lands  of 
J.  R.  Alexander  and  others,  thence  south  68  degrees  35 
minutes  west  252  feet  to  a corner,  thence  south  22  degrees 
58  minutes  east  37*/2  feet  to  a point  18  feet  from  the  center 
line  of  said  railroad,  thence  parallel  with  said  center  line  of 
said  railroad,  north  70  degrees  5 minutes  east — to  the  place 
of  beginning,  containing  .24  of  an  acre,  and  being  the  same 
lot  or  tract  of  land  which  John  S.  Walker  and  Elizabeth 
Shortlidge  Walker,  his  wife,  by  their  deed  of  conveyance 
bearing  date  December  28,  1901,  did  convey  unto  the  Amer- 
ican Lime  and  Stone  Company,  and  said  deed  of  conveyance 
is  recorded  in  Centre  County  in  Deed  Book  86,  page  313. 

54.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  fronting 
about  125  feet  on  the  laid  out  road,  and  extending  back  393 
feet  more  or  less  to  lands  of  James  Alexander,  containing  1 
acre  more  or  less,  Bounded  by  the  lands  of  the  American 
Lime  and  Stone  Company  on  the  east,  lands  of  the  Bellefonte 


33 


Furnace  Company  on  the  west,  lands  of  James  Alexander 
on  the  north,  and  the  Bellefonte  Furnace  Company  on  the 
south,  being  part  of  the  property  formerly  owned  by  C.  T. 
and  J.  R.  Alexander,  and  immediately  contiguous  to  what  is 
known  as  the  Alexander  Limestone  Property,  and  being  the 
same  lot  or  tract  of  land  which  J.  M.  Leib  and  Matilda  W., 
his  wife,  by  their  deed  of  conveyance  bearing  date  January 
7,  1902,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  85,  page  547. 

55.  Also  all  that  certain  piece  or  parcel  of  land  situate 
in  Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows: 

Beginning  at  a post,  thence  south  49  degrees  east  IV2 
perches  to  a post,  thence  south  41  degrees  west  2%  perches 
to  a post,  thence  north  49  degrees  west  1%  perches  to  a post 
thence  north  41  degrees  east  2%  perches  to  the  post  the 
place  of  beginning,  containing  3 3/8  square  rods  neat  meas- 
ure, and  having  thereon  erected  a building  hitherto  used, 
and  for  many  years  prior  to  the  date  of  this  instrument,  as 
a public  school  building,  and  being  the  piece  or  parcel  of 
land  which  John  P.  Harris,  Trustee  under  the  last  will 
and  testament  of  William  A.  Thomas,  deceased,  by  his  deed 
of  conveyance  bearing  date  February  16,  1903,  did  convey 
unto  the  American  Lime  and  Stone  Company,  and  said  deed 
of  conveyance  is  recorded  in  Centre  County  in  Deed  Book 
89,  page  4. 

56.  Also  all  that  certain  tract  of  land  situate  in  Spring 

Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  Beginning  at  a fence  corner  near  the 

western  line  of  the  right  of  way  of  the  Bellefonte  Central 
Railroad  Company,  thence  south  44  degrees  west  11  perches 
to  a post,  thence  south  49  degrees  east  1%  perches  to  a post, 
thence  south  41  degrees  west  2%  perches  to  a post,  thence 
north  49  degrees  west  IV2  perches  to  a post,  thence  south 
43  degrees  west  along  line  fences  10  1/6  perches  to  the 
eastern  side  of  a cross  street,  thence  south  31  degrees  east 
1 4/5  perches  to  a post,  thence  south  59  degrees  west  28 
perches  to  a post,  thence  south  31  degrees  east  14  perches 
to  post  on  northern  side  of  public  road  leading  from  the 
Village  of  Coleville  to  Bellefonte  Borough,  thence  by  the 
northern  side  of  said  public  road  north  56  degrees  west  15 
perches  more  or  less  to  the  western  line  of  the  right  of  way 


34 


™LStV,  STL/A 


RT  & 


UBRARy 


of  the  Bellefonte  Central  Railroad  Company  aforesaid, 
thence  by  said  western  line  of  said  right  of  way  north  31  de- 
grees east  14  perches,  and  north  291/2  degrees  east  28 
perches  to  a post,  and  thence  north  31  degrees  west  1 perch 
more  or  less  to  the  place  of  beginning,  containing  2%  acres 
more  or  less,  and  being  the  same  tract  of  land  which  John 
P.  Harris,  Trustee  under  the  last  will  and  testament  of 
William  A.  Thomas,  deceased,  by  his  deed  of  conveyance 
bearing  date  January  9,  1903,  did  convey  unto  the  American 
Lime  and  Stone  Company,  and  said  deed  of  conveyance  is 
recorded  in  Centre  County  in  Deed  Book  89,  page  5. 

57.  Also  all  that  certain  lot  or  piece  of  land  situate  in 

Spring  Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows:  Beginning  at  a post  at  or  near  the 

public  road  leading  from  the  Village  of  Coleville  to  Perdue's 
Mountain,  thence  by  land  of  Mary  Robb  south  73  degrees 
east  8.1  perches  to  line  of  land  of  the  American  Lime  and 
Stone  Company,  formerly  of  A.  G.  Morris,  thence  by  said 
land  south  33  degrees  east  23  perches  to  a post,  thence  south 
41  degrees  east  8 perches  to  a post,  and  thence,  south  29  de- 
grees east  7 perches  to  line  of  the  Lingleton  heirs,  thence  by 
said  Lingleton  lot  north  68  degrees  east  8 perches  to  a post 
near  a chestnut,  and  thence  north  35  degrees  west  38  perches 
to  the  place  of  beginning,  containing  about  2 acres  of  land, 
and  being  the  same  lot  or  piece  of  land  which  John  P.  Harris, 
Trustee  under  the  last  will  and  testament  of  William  A. 
Thomas,  deceased,  by  his  deed  of  conveyance  bearing  date 
September  20,  1905,  did  convey  unto  the  American  Lime  and 
Stone  Company,  and  said  deed  of  conveyance  is  recorded  in 
Centre  County  in  Deed  Book  119,  page  210. 

58.  Also  all  that  certain  lot  or  piece  of  land  situate  in 

Spring  Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows : Beginning  at  a post  near  a chestnut 

tree,  thence  by  land  of  the  American  Lime  and  Stone  Com- 
pany south  68%  degrees  west  6%  perches  to  post,  thence 
south  29%  degrees  east  9.6  perches,  thence  by  land  of  Mrs. 
Joseph  Gessner  north  51  degrees  east  6.6  perches  to  post 
and  thence  north  36%  degrees  west  7.9  perches  to  the  place 
of  beginning,  containing  .4  of  an  acre  more  or  less,  and  being 
the  same  lot  or  piece  of  land  which  Sarah  Palmer,  widow,  by 
her  deed  of  conveyance  bearing  date  December  2,  1905,  did 
convey  unto  the  American  Lime  and  Stone  Company,  and 


35 


said  deed  of  conveyance  is  recorded  in  Centre  County  in 
Deed  Book  96,  page  160. 

59.  Also  all  that  certain  lot  or  piece  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows : Beginning  at  an  iron  pin  on  the  west- 
erly side  of  a private  road  at  or  near  the  intersection  of 
a public  road  leading  from  Coleville  to  Perdue  Gap,  and  the 
corner  of  land  of  the  American  Lime  and  Stone  Company,  the 
present  grantee,  thence  along  said  private  and  public  roads 
south  36  degrees  east  199  feet  to  an  iron  pin,  thence  along 
land  of  Sallie  Gessner  Rhine,  the  present  grantor,  south 
58%  degrees  west  179.5  feet  to  a point  in  line  of  land  of  said 
American  Lime  and  Stone  Company,  th>  ;nce  along  said  land 
of  the  American  Lime  and  Stone  Company  the  following  two 
courses  and  distances,  north  28%  degrees  west  198.6  feet  to 
a post  and  stones,  and  thence  north  58%  degrees  east  152.6 
feet  to  said  iron  pin  and  place  of1  beginning,  containing  .75 
of  an  acre  net  measure,  and  being  the  same  lot  or  piece  of 
land  which  Sallie  Gessner  Rhine  and  Edward  E.  Rhine,  her 
husband,  by  their  deed  of  conveyance  bearing  date  October 
8,  1917,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  120,  page  57. 

60.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows : Beginning  at  a point  in  the  center  of  the 
public  road  leading  from  the  old  Bellefonte  Nail  Plant  to 
Bellefonte,  thence  south  59  degrees  10  minutes  east  300.9 
feet  to  a stake  30  feet  from  the  center  line  of  the  Pennsyl- 
vania Railroad  and  northwestwardly  therefrom,  thence  by  a 
line  curving  toward  the  east  with  a radius  of  1176.3  feet 
parallel  with  the  center  line  of  the  railroad  aforesaid  and  30 
feet  distance  therefrom  the  distance  of  40  feet  to  a stake, 
thence  north  59  degrees  10  minutes  west  the  distance  of 
300.9  feet  along  lands  next  hereto  described  to  a point  in 
the  middle  of  the  aforementioned  public  road,  thence  through 
said  public  road  south  28  degrees  27  minutes  west  40  feet 
to  the  place  of  beginning,  containing  275/1000  (plus)  of  an 
acre,  and  being  the  same  tract  of  land  which  James  R. 
Alexander  by  his  deed  of  conveyance  bearing  date  February 
1,  1906,  did  convey  unto  the  American  Lime  and  Stone 
Company,  and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  97,  page  240. 


36 


61.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows : Beginning  at  a point  in  the  center  of  the 
public  road  leading  from  the  old  Belief onte  Nail  Mill  to  Belle- 
fonte,  and  being  the  common  corner  with  the  northwest  cor- 
ner of  the  lot  before  described,  thence  along  lands  hereto- 
fore described  south  59  degrees  10  minutes  east  300.9  feet 
to  a stake  30  feet  from  the  center  line  of  the  Pennsylvania 
Railroad  and  30  feet  northwestward  therefrom,  thence  para- 
llel with  the  center  line  of  the  said  railroad  and  30  feet  dis- 
tant therefrom  northwestward  by  a line  curving  toward 
the  east  with  a radius  of  1176.03  feet  a distance  of  202  feet 
to  a point  on  the  north  side  of  the  road  leading  to  the  Mc- 
Calmont  Lime  Kiln,  thence  alung  the  north  side  of  said  road 
north  59  degrees  10  minutes  west  326.2  feet  to  a point  in  the 
center  of  the  first  mentioned  road,  thence  through  the  center 
of  said  road  south  28  degrees  27  minutes  west  to  the  place 
of  beginning,  containing  1.426  acres  (plus),  and  being  the 
same  tract  of  land  which  James  R.  Alexander,  and  Roberta 

A.  Yarrington  and  H.  S.  Yarrington,  her  husband,  by  their 
deeds  of  conveyance  bearing  date  respectively  February  1, 
1906,  and  September  12,  1907,  conveyed  unto  the  American 
Lime  and  Stone  Company,  and  said  deeds  of  conveyance  are 
recorded  in  Centre  County  in  Deed  Book  97,  page  240,  and 
Deed  Book  100,  page  306. 

62.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  the  one  thereof 
bounded  and  described  as  follows:  On  the  north  by  lands 
of  Robert  Valentine,  on  the  east  by  lands  of  A.  G.  Morris, 
on  the  south  by  Fifth  Avenue,  and  on  the  west  by  land  of 
Benjamin  Shaffer,  containing  1 acre  more  or  less,  having 
thereon  erected  a two  story  dwelling  house. 

63.  Also  all  that  certain  tract  of  land  situate  in  Spring 

Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  The  other  thereof  on  the  north  by 

land  of  Thomas  A.  Shoemaker,  on  the  east  by  land  of  A.  G. 
Morris,  on  the  south  by  land  of  Robert  Valentine,  and  on 
the  west  by  land  of  John  P.  Harris,  Samuel  Robertson,  J.  D. 
Shugert  Estate,  William  B.  Rankin,  Thomas  Rhoads  and 

B.  Shaffer,  containing  5 acres  more  or  less. 

The  aforesaid  two  last  described  tracts  of  land  being 
the  same  tracts  of  land  which  James  P.  Coburn,  trustee,  by 
his  deed  of  conveyance  bearing  date  June  28,  1902,  did  con- 


37 


vey  unto  the  American  Lime  and  Stone  Company,  and  said 
deed  of  conveyance  is  recorded  in  Centre  County  in  Deed 
Book  87,  page  250. 

64.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pensylvania,  bounded  as  follows : 
Beginning  at  the  northeast  corner  of  land  formerly  sold  to 
A.  G.  Morris,  now  of  the  American  Lime  and  Stone  Com- 
pany, on  the  west  side  of  the  State  Road  leading  from 
Bellefonte  to  Milesburg,  thence  north  5 degrees  30  minutes 
east  along  west  side  of  said  road  135  feet  to  a post,  thence 
north  4 degrees  west  along  said  road  100  feet  to  a point  on 
west  side  of  said  road  opposite  to  and  in  line  with  the  walls 
of  the  lower  or  eastern  end  of  the  old  canal  lock,  thence 
north  81  degrees  west  along  other  land  of  the  parties  of  the 
first  part  hereto  100  feet  more  or  less  and  by  the  walls  of 
said  canal  lock  to  the  eastern  ' side  of  the  right  of  way  of  the 
Central  Railroad  of  Pennsylvania,  thence  south  4 degrees 
and  30  minutes  west  225  feet  along  the  eastern  side  of  the 
bright  of  way  of  said  railroad  to  land  formerly  sold  to  A.  G. 
Morris  aforsaid,  thence  by  said  last  mentioned  land  south 
80  degrees  and  30  minutes  east  107  feet  to  the  place  of  be- 
ginning, containing  87  square  rods  more  or  less,  and  being 
the  same  tract  of  land  which  Frank  McCoy  and  others  by 
their  deed  of  conveyance  bearing  date  December  3,  1910, 
did  convey  unto  the  American  Lime  and  Stone  Company, 
and  said  deed  of  conveyance  is  recorded  in  Centre  County 
in  Deed  Book  108,  page  642. 

65.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  Beginning  at  a post,  thence  along  land 
of  Thomas  Jennings,  Thomas  Rote  and  Thomas,  Trustees, 
south  58  degrees  west  93.2  perches  to  a post,  thence  along 
a 40  foot  street  north  27  degrees  45  minutes  west  20.6 
perches  to  a post,  thence  along  land  of  William  A.  Thomas’ 
Trustees  south  60  degrees  west  52  perches  to  a post,  thence 
along  Public  Road  north  32  degrees  30  minutes  west  24.6 
perches  to  a post,  thence  along  land  of  William  A.  Thomas’ 
Trustees,  north  60  degrees  east  127.8  perches  to  a post, 
thence  along  land  formerly  of  Potts  and  Shoemaker,  south 
42  degrees  35  minutes  east  43.2  perches  to  the  place  of  be- 
ginning, containing  30  acres  and  115  perches  more  or  less. 

66.  Also  all  that  certain  tract  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  bounded  and  de- 

38 


scribed  as  follows : Beginning  at  a post,  the  starting  point 
of  the  above  mentioned  premises,  thence  along  the  line  of 
land  first  above  described  319  feet  to  a point,  thence  north 
68  degrees  east  668  feet  to  a point,  thence  south  24  degrees 
50  minutes  east  to  a point  on  the  northerly  line  of  the  right 
of  way  of  the  Bellefonte  Central  Railroad,  thence  extending 
along  said  northerly  line  of  said  right  of  way  west  to  line  of 
land  now  or  late  of  William  Jennings,  and  thence  along  the 
same  270  feet,  more  or  less,  to  beginning,  excluding  there- 
from any  railroad  rights  of  way. 

67.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows : 1.  Beginning  at  east  corner  of  lot  now 
or  late  of  A.  B.  Snyder,  thence  north  45  degrees  west  along 
line  of  said  lot  393  feet  to  the  north  comer  of  said  lot,  thence 
north  66  degrees  east  along  land  now  or  late  of  James  R. 
Alexander  120  feet  to  a post,  thence  south  45  degrees  east 
393  feet  to  a post,  thence  south  66  degrees  west  along  lands 
of  the  estate  of  William  A.  Thomas,  deceased,  120  feet  to 
the  place  of  beginning,  containing  1 acre  neat  measure. 

68.  Also  all  that  certain  lot  or  tract  of  land  situate  in 

Spring  Township,  Centre  County,  Pennsylvania,  bounded  and 
described  as  follows:  2.  Beginning  at  a stone  corner, 

thence  north  45  degrees  west  393  feet  to  a post,  thence  north 
66  degrees  east  120  feet  to  a post,  thence  south  45  degrees 
east  393  feet  to  a post,  thence  south  66  degrees  west  120 
feet  to  the  place  of  beginning,  containing  1 acre  neat  meas- 
ure. 


69.  Also  all  that  certain  lot  or  tract  of  land  situate  in 
Spring  Township,  Centre  County,  Pennsylvania,  bounded 
and  described  as  follows:  3.  Beginning  at  the  east  corner 
of  lot  now  or  late  of  William  and  Joseph  Wolf,  thence  north 
45  degrees  west  along  line  of  lot  393  feet  to  the  north  cor- 
ner of  said  lot,  thence  north  66  degrees  east  along  land  of 
J.  R.  and  C.  P.  Alexander  120  feet  to  a post,  thence  south 
45  degrees  east  393  feet  to  a post,  thence  south  66  degrees 
west  along  land  of  William  A.  Thomas  Estate  120  feet  to 
the  place  of  beginning,  containing  1 acre  neat  measure. 

The  aforesaid  five  last  described  lots  and  tracts  of  land 
being  the  same  lots  and  tracts  of  land  which  Alexander  G. 
Morris  by  his  deed  of  conveyance  bearing  date  October  29, 
1917,  did  convey  unto  the  American  Lime  and  Stone  Com- 


30 


pany  and  said  deed  of  conveyance  is  recorded  in  Centre 
County  in  Deed  Book  120,  page  117. 

70.  Also  all  those  two  certain  pieces  or  parcels  of  land 
as  follows: 

(a)  One  thereof  situate  in  the  Township  of  Spring, 

in  the  County  of  Centre  and  State  of  Pennsylvania,  bounded 
and  described  as  follows,  to  wit:  Beginning  at  a post  on 

the  northern  side  of  the  public  road  leading  from  Belle- 
fonte to  Colesville,  thence  along  land  formerly  of  Shoe- 
maker and  Scott,  later  of  Bellefonte  Furnace  Company, 
North  twenty-five  and  one-half  degrees  West  four  hundred 
and  forty  feet  more  or  less  to  land  or  right-of-way  of  the 
Bellefonte  Central  Railroad  Company,  thence  by  said  land 
or  right-of-way  of  said  Railroad  Company,  the  next  four 
following  courses  and  distances,  viz:  First,  North  sixty- 

one  and  one-half  degrees  East,  one  hundred  and  ninety- 
four  feet;  second,  thence  North  seventy  and  one-half  de- 
grees East  eighty  feet;  third,  thence  North  eighty-eight 
and  one-half  degrees  East,  one  hundred  and  forty-two  and 
five-tenths  feet;  and  fourth,  thence  South  eighty-three  and 
one-half  degrees  East  two  hundred  and  sixty-eight  feet, 
more  or  less,  to  other  land  of  the  Bellefonte  Central  Rail- 
road Company,  thence  along  said  other  land  of  the  said 
Bellefonte  Central  Railroad  Company,  South  twenty-seven 
and  one-half  degrees  East  one  hundred  and  ten  feet  to  land 
formerly  of  William  P.  Duncan,  later  of  the  Estate  of 
William  A.  Thomas,  deceased,  to  a point  heretofore  desig- 
nated as  the  South  side  of  Iron  Alley,  thence  along  said 
last  above  mentioned  land  on  a line  heretofore  designated 
as  the  South  side  of  Iron  Alley,  South  sixty-five  degrees 
West  three  hundred  and  ninety-two  and  five-tenths  feet, 
more  or  less,  to  a post,  and  thence  by  said  last  above  men- 
tioned land  South  twenty-seven  and  one-half  degrees  East 
one  hundred  and  fifty  feet  to  a post  on  the  northern  side 
of  the  aforesaid  public  road,  and  thence  along  the  northern 
side  of  said  public  road  South  sixty-five  degrees  West  two 
hundred  and  forty  feet,  more  or  less,  do  the  place  of  be- 
ginning; containing  four  acres  and  sixty-six  perches,  more 
or  less. 

(b)  And  the  other  thereof  situate  partly  in  the  Bor- 
ough of  Bellefonte  and  partly  in  the  Township  of  Spring, 
in  the  County  of  Centre  and  State  of  Pennsylvania,  bounded 
and  described  as  follows,  to  wit:  Beginning  at  a stone  on 
the  north  side  of  the  public  road  leading  from  Bellefonte 


40 


to  Coleville,  seventy-five  feet  westwardly  from  a marked 
white  oak ; thence  by  land  of  the  American  Lime  and  Stone 
Company  North  twenty-seven  and  one-half  degrees  west 
one  hundred  and  eighty  feet  to  a point  heretofore  desig- 
nated as  the  North  side  of  Iron  Alley,  a corner  of  land  of 
the  Belief onte  Central  Railroad  Company;  thence  by  said 
land  of  said  Railroad  Company  South  sixty-five  degrees 
West,  two  hundred  and  forty-seven  and  one-half  feet  to  a 
point  on  land  formerly  of  T.  A.  Shoemaker;  thence  by  said 
land  formerly  of  said  Shoemaker  South  twenty-seven  and 
one-half  degrees  East  thirty  feet  to  a point  designated  as 
the  south  side  of  Iron  Alley;  and  thence  by  land  formerly 
of  said  Shoemaker  South  sixty-five  degrees  West,  three 
hundred  and  ninety-two  and  one-half  feet  more  or  less,  and 
South  twenty-seven  and  one-half  degrees  East,  one  hundred 
and  fifty  feet  to  a post  on  the  North  side  of  the  aforesaid 
public  road;  and  thence  by  said  road  North  sixty-five  de- 
grees East  six  hundred  and  forty  feet  more  or  less,  to  the 
place  of  beginning;  Containing  two  acres  and  fifty-nine 
perches,  more  or  less. 

Being  the  same  two  tracts  of  land  which  Titan  Metal 
Company,  a corporation  under  laws  of  the  State  of  Penn- 
sylvania, by  deed  of  conveyance  bearing  date  January  10, 
1918,  did  convey  unto  the  American  Lime  & Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County,  in  Deed  Book  Vol.  119,  page  426. 

71.  Also  all  that  certain  strip  of  land  situate  partly  in 
the  Borough  of  Bellefonte  and  partly  in  Spring  Township, 
Centre  County,  Pennsylvania,  described  as  follows:  Be- 
ginning at  an  iron  pin  in  the  centre  of  the  railroad  track 
formerly  owned  by  the  Central  Railroad  Company  of  Penn- 
sylvania at  a point  on  the  projected  centre  of  West  Beaver 
Street  where  the  said  projected  street  would  cross  the 
railroad  track;  thence  in  a Northerly  direction  by  the  old 
railroad  bed  to  the  connection  with  the  Pennsylvania  Rail- 
road on  what  is  known  as  the  Armor  Gap  branch  near  and 
South  of  the  Old  Chain  Works  and  being  ten  (10)  feet 
wide  on  each  side  of  said  centre  line  and  being  a strip  of 
land  twenty  (20)  feet  in  width  clear  through. 

Excepting  and  reserving  nevertheless  the  water  way 
from  what  is  known  as  the  Lime  Kiln  Dam  in  Spring 
Creek  into  the  race  or  old  canal  under  the  railroad,  which 
said  water  way  is  to  be  kept  open  as  it  then  was  with  the 
right  also  of  egress,  ingress,  regress  etc.  for  the  purpose  of 


41 


making  repairs  and  improvements  to  the  same  at  all  times 
without  let  or  hindrance. 

Being  the  same  tract  of  land  which  Eleanor  A.  McCoy 
(widow)  Anna  A.  McCoy,  et  al.,  by  deed  of  conveyance 
blearing  date  January  23rd,  1919,  did  convey  unto  the 
American  Lime  & Stone  Company,  and  said  deed  of  con- 
veyance is  recorded  in  Centre  County,  in  Deed  Book  Vol. 
120,  Page  568. 

72.  Also  all  those  two  certain  messuages,  tenements 
and  tracts  of  land,  as  follows,  to  wit: 

(a)  One  thereof  situate  in  the  Borough  of  Belief onte 
and  the  Township  of  Spring,  in  the  County  of  Centre  and 
State  of  Pennsylvania,  bounded  and  described  as  follows, 
to  wit:  Beginning  at  a point  in  the  centre  line  of  what 

has  heretofore  been  the  Furnace  Branch  of  the  Central 
Railroad  Company  of  Pennsylvania  in  the  public  road  lead- 
ing from  Bellefonte  to  Coleville,  and  on  the  line  of  the 
Bellefonte  Central  Railroad  Company’s  land  and  land  form- 
erly of  T.  A.  Shoemaker,  North  seventy-four  degrees  and 
ten  minutes  East  sixty  feet  to  a point  twenty  feet  from 
the  centre  line  of  the  said  Furnace  Branch  of  the  Central 
Railroad  Company  of  Pennsylvania,  measured  at  right 
angles  to  the  aforesaid  centre  line ; thence  following  a curve 
to  the  right  of  739  feet  radius,  parallel  with  and  twenty 
feet  from  the  centre  line  of  what  has  heretofore  been  the 
aforesaid  railroad  one  hundred  and  twenty-two  feet ; thence 
South  sixty-one  degrees  and  forty  minutes  west,  four 
hundred  and  sixty-five  feet;  thence  following  a curve  to 
the  right  with  radius  of  2884  feet  one  hundred  and  thirteen 
and  five-tenths  feet  to  the  line  of  lot  formerly  of  Harry 
Crissman;  thence  crossing  the  aforesaid  railroad,  North 
twenty-five  degrees  West,  seventy-eight  feet ; thence  South 
sixty-five  degrees  West,  fifty  feet;  thence  South  twenty- 
five  degrees  East,  seventy-seven  feet  to  the  South  side  of 
the  Railroad  and  twenty  feet  from  the  centre  line;  thence 
following  a curve  to  the  right  of  2884  feet  radius  and  twenty 
feet  from  the  centre  line  fifty-three  feet;  thence  South 
sixty-six  degrees  West,  two  hundred  and  nineteen  feet; 
thence  following  a curve  to  the  left  with  a radius  of  3417 
feet,  four  hundred  and  thirty-five  feet;  thence  following 
a curve  to  the  left  with  a radius  of  458  feet  two  hundred 
and  eighty-nine  and  five-tenths  feet  to  the  line  of  or  form- 
erly of  James  E.  Conroy;  thence  across  the  Railroad  along 
the  line  of  or  formerly  of  James  E.  Conroy,  North  fifteen 


42 


degrees  and  fifteen  minutes  West,  two  hundred  and  forty- 
feet  to  the  line  of  or  formerly  of  the  Bellefonte  Furnace 
Company,  in  the  public  road  leading  from  Bellefonte  to 
Coleville;  thence  North  sixty-four  degrees  and  forty 
minutes  East  along  lands  of  or  formerly  of  the  Bellefonte 
Furnace  Company,  Thomas  A.  Shoemaker,  William  B. 
Duncan,  William  A.  Thomas  Estate  and  the  Bellefonte 
Glass  Company,  twelve  hundred  and  sixty-two  feet  to  the 
land  of  the  Bellefonte  Central  Railroad  Company;  thence 
North  seventy-four  degrees  and  ten  minutes  East  along 
land  of  the  Bellefonte  Central  Railroad  Company  three 
hundred  and  seventy  feet  to  the  place  of  beginning.  Con- 
taining four  acres,  more  or  less.  The  premises  above  de- 
scribed being  the  same  premises  which  Thomas  A.  Shoe- 
maker and  Augusta  C.,  his  wife,  and  The  Bellefonte  Fur- 
nace Company,  by  their  Indenture  dated  the  twelfth  day 
of  August,  A.  D.  1912,  and  recorded  in  the  office  for  the 
recording  of  deeds,  &c.  in  and  for  the  said  County  of  Centre, 
in  Deed  Book  113,  page  340,  did  grant  and  confirm  unto 
the  Central  Railroad  Company  of  Pennsylvania,  and  to  its 
successors  and  assigns,  as  relation  being  thereunto  had 
will  more  fully  and  at  large  appear.  It  being  understood 
and  agreed  that  the  above  descriptions  are  intended  to  con- 
form to  the  boundary  line  between  it  and  land  formerly  con- 
veyed by  Thomas  A.  Shoemaker,  et  ux.  to  G.  Edward  Haupt 
and  Margaret  H.  Brown,  by  deed  dated  February  22,  1912, 
and  recorded  in  the  aforesaid  Recorder’s  office  in  Deed  Book 
Vol.  112,  page  562,  &c. 

(b)  And  the  other  thereof  situate  and  being  on  the 
South  side  of  public  road  leading  from  Bellefonte  to  what 
was  formerly  the  Bellefonte  Furnace  Company’s  furnace 
in  the  Borough  of  Bellefonte,  County  of  Centre  and  State 
of  Pennsylvania,  bounded  and  described  as  follows,  to  wit: 
Beginning  at  a post  on  said  road  between  lots  Nos.  19  and 
20,  twenty  feet  from  the  centre  of  said  road ; thence  along 
said  road  South  sixty-four  degrees  East  fifty  feet  to  a 
post;  thence  along  a street  South  twenty-six  degrees  West, 
seventy-seven  feet  to  a post ; which  is  twenty  feet  on  South 
side  of  centre  line  of  what  has  heretofore  been  the  Central 
Railroad  Company  of  Pennsylvania’s  track  leading  from 
Bellefonte  to  Bellefonte  Furnace  Company’s  furnace ; thence 
parallel  with  the  said  track  and  twenty  feet  distant  from 
its  centre  line  fifty  feet  to  a post;  thence  North  twenty- 
six  degrees  East  by  line  of  lot  No.  21,  seventy-seven  feet 
to  the  place  of  beginning.  Being  part  of  lot  No.  20  on  the 


43 


plot  or  plan  of  Scott  & Shoemaker’s  Addition.  Containing 
three  thousand  nine  hundred  square  feet. 

Being  the  same  two  tracts  of  land  which  Charles  F. 
Schibener,  by  deed  of  conveyance  bearing  date  January  29th 
1919,  did  convey  unto  the  American  Lime  & Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Centre 
County,  in  Deed  Book  Vol.  121,  page  102. 

73.  Also  all  that  certain  messuage,  tenement  and 

piece  of  land  situate  in  Spring  Township,  Centre  County, 
Pennsylvania,  bounded  and  described  as  follows:  Beginn- 

ing at  a post  on  Southeast  corner  of  lot  of  Joseph  F. 
Williams;  thence  along  said  lot  North  Eleven  (11)  degrees 
and  thirty  (30)  minutes  West  four  hundred  and  sixteen 
(416)  feet  to  land  of  Thomas 'Collins;  thence  by  said  land 
of  Thomas  Collins  North  sixty-seven  (67)  degrees  forty- 
five  (45)  minutes  East  two  hundred  thirty-eight  (238)  feet 
to  lot  of  Robert  Valentine;  thence  along  said  lot  South 
eleven  (11)  degrees  and  thirty  (30)  minutes  East  four 
hundred  and  sixteen  (416)  feet  to  a common  corner  of  lots 
of  Amelia  P.  Rhoades  and  Robert  Valentine;  thence  South 
sixty-seven  (67)  degrees  and  forty-five  (45)  minutes  West 
along  lot  of  Amelia  P.  Rhoades  two  hundred  and  thirty- 
eight  (238)  feet  to  the  place  of  beginning. 

Containing  two  acres  and  forty-two  perches. 

Being  known  and  designated  as  lot  No.  27  in  the  gen- 
eral plan  of  the  Second  Addition  by  Shugert  and  Harris  to 
the  Borough  of  Bellefonte. 

Being  the  same  tract  of  land  which  John  P.  Harris, 
by  deed  of  conveyance  bearing  date  February  8,  1919,  did 
convey  unto  the  American  Lime  & Stone  Company,  and 
said  deed  of  conveyance  is  recorded  in  Centre  County,  in 
Deed  Book  Vol.  121,  page  103. 

74.  Also  all  that  certain  messuage,  tenement  and  tract 

or  piece  of  land,  situate  in  the  Borough  of  Bellefonte,  in  the 
County  of  Centre  and  State  of  Pennsylvania,  bounded  and 
described  as  follows,  to  wit:  Beginning  at  a post  in  the 

centre  of  the  public  road  leading  from  Bellefonte  to  Cole- 
ville,  thence  along  the  centre  line  of  said  public  road  North 
seventy  two  degrees  fifty  two  minutes  East  four  hundred 
and  seventy  five  feet  to  a post,  thence  by  land  formerly 
vested  in  Daniel  Rhoads,  Surviving  Trustee  under  the  last 
will  and  testament  of  William  A.  Thomas,  deceased,  and  by 
the  centre  line  of  a street  known  as  First  Street,  leading 


44 


to  Limekiln  formerly  of  McCalmont  & Co.,  now  of  the  said 
American  Lime  and  Stone  Company,  North  twenty  two  de- 
grees forty  four  minutes  West  one  hundred  and  seventy 
two  feet  to  a post,  thence  by  other  land  formerly  vested  in 
the  said  Daniel  Rhoads,  Surviving  Trustee  as  aforesaid,  and 
by  land  formerly  of  the  Bellefonte  Glass  Company,  South 
sixty  six  degrees  forty  one  minutes  West  four  hundred  and 
seventy  three  feet  to  a post,  thence  by  land  formerly  con- 
veyed to  the  Bellefonte  Glass  Manufacturing  Company,  now 
or  formerly  used  as  a roadway,  South  twenty  two  degrees 
fifty  one  minutes  East,  one  hundred  and  sixteen  and  five- 
tenths  feet  to  the  place  of  beginning,  containing  one  acre 
and  eighty  six  and  eight-tenth  perches,  more  or  less. 

Being  the  same  tract  of  land  which  Bellefonte  Central 
Railroad  Company,  by  deed  of  conveyance  bearing  date 
March  5th,  1919,  did  convey  unto  the  American  Lime  & 
Stone  Company,  and  said  deed  of  conveyance  is  recorded 
in  Centre  County,  in  Deed  Book  Vol.  121,  page  284. 

75.  Also  all  that  certain  messuage,  tenement  and  piece 
or  parcel  of  land  situate  in  the  Township  of  Spring,  in  the 
County  of  Centre,  and  State  of  Pennsylvania,  (at  one  time 
being  a portion  of  what  is  known  as  The  Milesburg  Iron 
Works  property)  the  said  premises  hereby  conveyed  be- 
ing bounded  and  described,  as  follows,  to  wit:  Beginning 

at  an  Iron  Pin  at  Public  Road ; thence  along  said  Road  North 
fifty-two  (52)  degrees  and  fifteen  (15)  minutes  West  one 
hundred  and  twenty-eight  (128)  feet  to  abutment  of  Iron 
Bridge;  thence  North  seventy-eight  (78)  degrees  East 
seven  hundred  and  eighteen  (718)  feet  to  a post  at  or  near 
Switch ; thence  along  what  has  heretofore  been  right-of-way 
of  the  Central  Railroad  Company  of  Pennsylvania  South 
seventy-one  (71)  degrees  West  four  hundred  and  fifty  (450) 
feet  to  a post;  thence  along  same  South  sixty-five  (65)  de- 
grees West  one  hundred  and  ninety-two  (192)  feet  to  the 
place  of  beginning;  Containing  one  hundred  and  eleven  and 
one-half  (lHi/2)  perches  together  with  the  right  to  take 
water  from  Spring  Creek  through  a three  (3)  inch  pipe 
under  proper  and  reasonable  conditions  and  restrictions 
for  the  purpose  of  supplying  the  engines  of  said  Railroad 
Company,  its  successors  and  assigns. 

Being  the  same  tract  of  land  which  Charles  F.  Schibe- 
ner,  by  deed  of  conveyance  bearing  date  April  9th,  1919, 
did  convey  unto  the  American  Lime  & Stone  Company,  and 
said  deed  of  conveyance  is  recorded  in  Centre  County,  in 
Deed  Book  Vol.  120,  page  636. 

45 


76.  Also  all  that  certain  piece  of  land  situate  in  the 
West  Ward  of  the  Borough  of  Bellefonte,  in  the  County  of 
Centre  and  State  of  Pennsylvania,  bounded  and  described  as 
follows,  to  wit:  Beginning  at  a corner  on  the  line  dividing 
the  laws  of  the  said  Railroad  Company  and  the  American 
Lime  & Stone  Company  at  the  intersection  of  the  North 
side  of  Iron  Alley  with  the  said  dividing  line;  thence  along 
the  North  side  of  Iron  Alley  South  sixty-three  (63)  de- 
grees thirty-two  (32)  minutes  West  two  hundred  fifty-three 
(253)  feet  to  a corner;  thence  North  twenty-two  (22)  de- 
grees fifty-eight  (58)  minutes  West  for  seventy-two  (72) 
feet  to  a corner;  thence  North  eighty-six  (86)  degrees 
West  for  eight  (8)  feet  to  a corner;  thence  North  sixty- 
three  (63)  degrees  thirty-two  (32)  minutes  East  one  hun- 
dred sixty-seven  (167)  feet  to  a comer;  thence  North 
seventy-three  (73)  degrees  twenty-seven  (27)  minutes  East 
for  ninety-three  (93)  feet  to  a corner  on  the  dividing  line 
between  lands  of  the  said  Railroad  Company  and  the  lands 
of  the  said  American  Lime  & Stone  Company ; thence  along 
said  dividing  line  South  twenty-two  (22)  degrees  fifty-eight 
(58)  minutes  East  for  sixty  (60)  feet  to  the  place  of  the 
beginning;  Containing  sixty-six  (66)  perches;  which  said 
piece  of  land  is  shown,  colored  green,  in  the  plat  or  map  ac- 
companying the  deed. 

Being  the  same  tract  of  land  which  Bellefonte  Central 
Railroad  Company,  by  deed  of  conveyance  bearing  date 
April  17,  1919,  did  convey  unto  the  American  Lime  & Stone 
Company,  and  said  deed  of  conveyance  is  recorded  in  Centre 
County,  in  Deed  Book  Vol.  121,  page  285. 

77.  Also  all  those  certain  premises  situate  in  the  Bor- 

ough of  Bellefonte,  County  of  Centre  and  State  of  Penn- 
sylvania, bounded  and  described  as  follows,  to  wit:  Be- 

ginning at  the  Northeast  corner  of  the  property  of  H.  M. 
Underwood  on  the  public  road,  thence  South  sixty-six 
degrees  forty-one  minutes  West  one  hundred  forty-five 
and  five-tenths  feet,  thence  South  twenty-four  and  one- 
half  degrees  East  twenty-eight  feet,  thence  by  a line 
parallel  with  the  first  line,  namely,  North  sixty-six  degrees 
and  forty-one  minutes  East  one  hundred  forty-five  and 
five-tenths  feet  to  a post,  thence  North  twenty-one  degrees 
forty-four  minutes  West  twenty-eight  feet  to  the  place  of 
beginning. 

Being  a strip  of  land  one  hundred  forty-five  and  five- 
tenths  (145.5)  feet  long  and  twenty-eight  (28)  feet  wide, 


46 


being  the  northern  part  of  the  premises  which  the  Trus- 
tees of  the  Estate  of  William  A.  Thomas,  late  of  the  Bor- 
ough of  Bellefonte,  deceased,  conveyed  to  H.  M.  Under- 
wood by  their  deed  dated  October  29,  1915,  recorded  at 
Bellefonte  in  Deed  Book  Volume  117,  page  306,  etc. 

Being  the  same  tract  of  land  which  H.  M.  Underwood, 
by  deed  of  conveyance  bearing  date  July  1,  1919,  did  con- 
vey unto  the  American  Lime  & Stone  Company,  and  said 
deed  of  conveyance  is  recorded  in  Centre  County,  in  Deed 
Book  Vol.  123,  Page  13. 

78.  Also  all  that  certain  lot  or  piece  of  ground  situate 
in  the  Township  of  Spring,  in  the  County  of  Centre  and 
State  of  Pennsylvania,  bounded  and  described  as  follows, 
to  wit:  Beginning  at  a stake  on  the  south-western  side  of 
the  right  of  way  of  the  Bellefonte  Central  Railroad  Com- 
pany at  Station  26+28,  thence  crossing  Buffalo  Run  and 
along  other  land  of  the  parties  of  the  first  part  (on  which 
other  land  are  erected  eight  double  dwelling  houses)  the 
said  line  running  from  said  last  above  mentioned  stake 
North  sixty  four  degrees  forty  minutes  East  three  hundred 
and  forty  five  feet  and  five  inches  to  a stake,  and  said  line 
thus  running  at  a distance  of  thirty  three  feet  northwardly 
from  the  line  of  the  front  walls  of  the  three  of  said  houses 
that  front  northwardly  but  are  in  the  rear  of  the  five  other 
houses  which  five  other  houses  front  on  the  public  road 
leading  from  Coleville  to  Bellefonte;  thence  along  land 
formerly  of  the  Titan  Metal  Company  now  of  the  said  Amer- 
ican Lime  and  Stone  Company  North  twenty  four  degrees 
fifty  minutes  West  two  hundred  and  three  feet  and  eight 
inches  to  a stake ; thence  curving  toward  the  left  on  a curve 
whose  radius  is  nine  hundred  and  thirty  five  and  four- 
tenths  feet  and  concentric  with 'the  centre  line  of  the  Belle- 
fonte Central  Railroad  Company  a distance  of  three  hun- 
dred and  ninety  five  feet  to  the  place  of  beginning. 

Being  the  same  tract  of  land  which,  with  certain  water 
rights  reserved  as  expressed  in  the  deed,  J.  Norman  Sherer, 
by  deed  of  conveyance  bearing  date  of  August  7,  1919,  did 
convey  unto  the  American  Lime  and  Stone  Company,  and 
said  deed  of  conveyance  is  recorded  in  Centre  County,  in 
Deed  Book  Vol.  121,  page  474. 

79.  Also  all  that  certain  messuage,  tenement  and  tract 
of  land  situate  in  Spring  Township,  Centre  County,  Pennsyl- 
vania, bounded  and  described  as  follows,  to  wit:  Beginning 


47 


at  a post  one  hundred  and  ninety  (190)  feet  from  the  South- 
west corner  of  a piece  of  land  formerly  belonging  to  John 
L.  Kurtz  and  now  to  the  Bellefonte  Furnace  Company  North 
twenty-seven  (27)  degrees  West  along  land  of  the  Belle- 
fonte Furnace  Company  ninety-four  (94),  feet  to  a post  at 
Amos  Garbrick’s  lot,  thence  South  thirty-four  (34)  degrees 
and  forty-five  (45')  minutes  West  along  land  of  Amos  Gar- 
brick  two  hundred  and  twenty  (220)  feet  to  a post  on  line 
of  right  of  way  belonging  to  the  Bellefonte  Furnace  Com- 
pany, thence  North  sixty-two  (62)  degrees  East  along  afore- 
said right  of  way  one  hundred  and  ninety-five  (195)  feet 
to  the  place  of  beginning,  containing  nine  thousand  one  hun- 
dred and  fifty-seven  (9157)  feet,  being  part  of  a larger 
tract  of  land  conveyed  to  Amos  Garbrick  recorded  in  Book 
“U”  No.  2,  page  501. 

Being  the  same  tract  of  land  which  Amos  Garbrick  by 
deed  of  conveyance  dated  June  19,  1920,  did  convey  unto  the 
American  Lime  and  Stone  Company,  and  said  deed  of  con- 
veyance is  recorded  in  Centre  County,  in  Deed  Book  Vol. 
123,  page  480. 

80.  Also  all  that  certain  messuage,  tenement  and  tract 
or  piece  of  land,  situate  in  the  Township  of  Spring,  in  the 
County  of  Centre  and  State  of  Pensylvania,  bounded  and  de- 
scribed as  follows,  to  wit:  Beginning  at  a stake  on  the 
southwestern  side  of  the  right  of  way  of  the  Bellefonte 
Central  Railroad  Company  at  Station  26+28 ; thence  South 
nineteen  degrees  forty  six  minutes  West  one  hundred  and 
fifty  five  feet  to  a stake  being  on  the  right  of  way  line  of 
the  Bellefonte  Central  Railroad;  thence  South  eight  de- 
grees fifteen  minutes  East  one  hundred  and  thirty  four  feet 
to  a stake;  thence  North  seventy  three  degrees  forty  five 
minutes  East  eighty  six  feet  to  a stake;  thence  North 
sixty  four  degrees  forty  minutes  East  along  and  parallel 
with  the  public  road  leading  from  Coleville  to  Bellefonte, 
four  hundred  feet  to  a stake;  thence  by  land  formerly  of 
Thomas  A.  Shoemaker  now  of  the  said  American  Lime  and 
Stone  Company  North  twenty  four  degrees  fifty  minutes 
West  two  hundred  and  forty  nine  feet  and  four  inches  to 
a stake;  thence  along  land  formerly  of  the  parties  of  the 
first  part  hereto,  now  of  the  said  American  Lime  and  Stone 
Company,  party  of  the  second  part  hereto,  previously  con- 
veyed by  a deed  from  the  said  parties  of  the  first  part  here- 
to to  the  said  parties  of  the  second  part  hereto,  dated  the 
seventh  day  of  August,  A.  D.  1919,  and  recorded  in  the 
office  for  the  recording  of  deeds,  &c.  in  and  for  the  said 


48 


County  of  Centre  in  Deed  Book  121,  page  474,  &c,  South 
sixty  four  degrees  forty  minutes  West  three  hundred  and 
forty  five  feet  and  five  inches  to  the  place  of  beginning. 
Thereon  erected  eight  double  dwelling  houses. 

Being  the  same  tract  of  land  which,  with  certain  water 
right  reservations,  J.  Norman  Sherer,  by  deed  of  conveyance 
bearing  date  June  28,  1920,  did  convey  unto  the  American 
Lime  & Stone  Company,  and  said  deed  of  conveyance  is 
recorded  in  Centre  County,  in  Deed  Book  128,  page  511. 

81.  Also  all  those  five  certain  messuages,  tenements 
and  tracts  of  land,  situate  in  the  Township  of  Spring,  in  the 
County  of  Centre  andv  State  of  Pennsylvania,  bounded  and 
described  as  follows,  to  wit:  No.  1.  One  thereof  beginning 
at  a point  in  the  public  road  leading  from  Bellefonte  to  the 
village  of  Coleville;  thence  along  said  public  road  north 
seventy-four  degrees  east  sixteen  perches;  thence  along 
other  lands  formerly  of  the  estate  of  William  A.  Thomas, 
deceased,  south  sixteen  degrees  east  seventy-six  and  one- 
half  perches  to  lands  of  or  formerly  of  John  Bland  and 
others;  thence  by  the  latter  south  seventy  degrees  west 
forty-one  perches  to  lands  formerly  of  John  Garbrick  and 
others;  thence  north  twenty-eight  and  one-half  degrees 
west  forty-six  and  one-fourth  perches  to  lands  formerly  of 
public  road;  thence  north  twenty-nine  degrees  east  forty- 
eight  and  one  half  perches  to  place  of  beginning,  containing 
nineteen  and  one-half  acres  and  sixty-two  perches,  net 
measure. 

Excepting  and  reserving  therefrom  and  thereout,  how- 
ever, all  that  certain  lot  of  ground  formerly  of  James  E. 
Conroy,  bounded  and  described  as  follows:  Beginning  at 

a point  in  the  public  road  leading  from  Bellefonte  to  Cole- 
ville on  the  line  between  land  formerly  of  the  William  A. 
Thomas  Estate  and  the  Fair  Ground  property;  thence 
south  seventy-four  degrees  west  to  the  northwest  corner 
of  the  office  belonging  to  and  formerly  used  as  an  office  at 
the  entrance  gate  to  said  Fair  Ground;  thence  northwest 
by  the  side  of  said  office  as  located  on  the  ground  to  a tree 
at  the  foot  of  the  hill,  or  where  the  road  down  hill  termi- 
nates at  the  water  tank,  and  on  the  east  side  of  said  road ; 
thence  by  line  parallel  with  front  line  north  seventy-four  de- 
grees east  to  intersect  the  line  formerly  of  the  Thomas  Es- 
tate; thence  along  the  same  north  sixteen  degrees  west 
to  the  place  of  beginning. 

Also  excepting  and  reserving  therefrom  and  thereout 
all  that  certain  messuage,  tenement  and  tract  of  land  known 


49 


as  the  Bellefonte  Central  Railroad  Car  Shop  property,  in  so 
far  at  it  falls  within  the  lines  of  the  above  described  tract, 
which  Car  Shop  property  is  fully  described  in  a certain  deed 
from  the  Bellefonte  Furnace  Company  to  the  Bellefonte 
Central  Railroad  Company,  dated  February  1,  1909,  and 
recorded  in  the  aforesaid  Recorder’s  Office  in  Deed  Book 
101,  page  381  &c. 

No.  2.  One  other  thereof  being  a portion  of  the  above 
reserved  lot  of  ground  formerly  of  James  E.  Conroy,  the 
portion  hereby  conveyed  being  bounded  and  described  as 
follows:  Beginning  at  a point  in  what  was  formerly  the 

centre  line  of  the  Furnace  Branch  of  the  Central  Railroad 
Company  of  Pennsylvania  and  on  the  line  of  land  of  or 
formerly  of  Thomas  A.  Shoemaker,  and  lands  formerly 
owned  by  James  E.  Conroy,  deceased;  North  fifteen  degrees 
and  fifteen  minutes  west  thirty  one  feet  to  a point  twenty 
feet  from  the  aforesaid  centre  line  measured  at  right  angle 
thereto ; thence  following  a curve  to  the  left  with  a radius 
of  four  hundred  ninety  eight  feet  parallel  and  twenty  feet 
from  what  was  formerly  the  centre  line  of  the  aforesaid 
railroad,  one  hundred  and  sixteen  feet  to  the  line  of  land 
formerly  of  Mary  A.  Conroy,  formerly  of  James  E.  Conroy, 
deceased,  and  land  formerly  of  the  Bellefonte  Furnace 
Company;  thence  across  what  was  formerly  the  railroad 
north  seventy  five  degrees  east  along  lands  formerly  of  the 
Bellefonte  Furnace  Company  sixty  eight  feet  to  the  line 
of  land  formerly  of  Thomas  A.  Shoemaker;  thence  along 
lands  formerly  of  Thomas  A.  Shoemaker  North  fifteen  de- 
grees and  fifteen  minutes  west  sixty  four  feet  to  the  place 
of  beginning,  containing  three  thousand  four  hundred  and 
sixty  two  square  feet. 

No.  3.  One  other  thereof  bounded  and  described  as 
follows,  to  wit:  Beginning  at  a Wild  Cherry,  thence  South 
fifty  four  degrees  East,  two  hundred  thirty  feet  to  another 
Wild  Cherry;  thence  South  forty-five  degrees  West,  two 
hundred  sixty  two  feet  to  a post ; thence  on  a straight  line 
to  the  place  of  beginning,  being  a triangular  piece  of  land. 

No.  4.  One  other  thereof  bounded  and  described  as 
follows,  to  wit:  Beginning  at  a stone  on  the  line  between 
the  lands  of  or  formerly  of  Amos  Garbrick  and  formerly  of 
the  Bellefonte  Furnace  Company;  thence  by  land  of  or 
formerly  of  the  said  Amos  Garbrick  south  sixty  and  one- 
fourth  degrees  west  eight  and  four-tenths  rods  to  a cedar 


50 


tree;  thence  by  same  south  sixty  degrees  west  sixteen  and 
eight-tenth  rods  to  a stone ; thence  by  same  south  forty  nine 
and  one-fourth  degrees  west  twenty  six  rods  to  a stone; 
thence  by  same  south  thirty  three  and  one-half  degrees 
west  five  and  two-tenths  rods  to  a stone ; thence  by  land  or 
or  formerly  of  William  Humes  Estate  south  fifty  two  de- 
grees east  one  rod  to  a stone ; thence  by  land  of  or  formerly 
of  Amos  Garbrick  on  a line  twenty  feet  from  what  was 
formerly  the  centre  of  the  railroad  leading  to  the  furnace, 
north  fifty  one  degrees  east  nineteen  and  eight-tenths  rods 
to  stone;  thence  by  same  north  fifty  and  one-fourth  degrees 
East  nine  rods  to  a stone;  thence  by  same  north  sixty 
three  and  three-fourths  degrees  east  seventeen  and  six- 
tenths  rods  to  stone;  thence  diverging  from  the  line  of 
railroad  and  by  land  of  or  formerly  of  Amos  Garbrick  south 
thirty  five  degrees  east  seven  and  five-tenths  rods  to  stone ; 
thence  by  land  of  or  formerly  of  the  Bellefonte  Furnace 
Company  north  seventy  degrees  east  eight  and  five-tenths 
rods  to  a stone;  thence  by  same  north  twenty  eight  de- 
grees west  eleven  and  five-tenths  rods  to  the  place  of  be- 
ginning, containing  one  hundred  and  fifty  four  perches. 

No.  5.  Also  all  right,  title  and  interest  of  the  party  of 
the  first  part  hereto,  of,  in  and  to  all  that  certain  messuage, 
tenement  and  tract  of  land,  situate  in  the  Township  of 
Spring,  in  the  County  of  Centre  and  State  of  Pennsylvania, 
bounded  and  described  as  follows,  to  wit:  Beginning  at 

a post  one  hundred  and  ninety  feet  from  the  south  west 
comer  of  a piece  of  land  formerly  belonging  to  John  L. 
Kurtz  and  later  to  the  Bellefonte  Furnace  company,  north 
twenty  seven  degrees  west  along  land  formerly  of  the 
Bellefonte  Furnace  Company  ninety  four  feet  to  a post  at 
a lot  of  or  formerly  of  Amos  Garbrick ; thence  south  thirty 
five  degrees  and  forty  five  minutes  west  along  land  of  or 
formerly  of  Amos  Garbrick  two  hundred  and  twenty  feet 
to  a post  on  line  of  what  was  formerly  a railroad  right  of 
way  strip  formerly  belonging  to  the  Bellefonte  Furnace 
Company,  thence  north  sixty  two  degrees  east  along  afore- 
said right  of  way  strip  one  hundred  and  ninety  five  feet 
to  the  place  of  beginning,  containing  nine  thousand  one 
hundred  fifty  seven  square  feet. 

Being  the  same  five  tracts  of  land  which  John  Lowber 
Welsh,  Jr.,  by  deed  of  conveyance  bearing  date  June  30, 
1920,  did  convey  unto  the  American  Lime  & Stone  Company, 
and  said  deed  of  conveyance  is  recorded  in  Centre  County,  in 
Deed  Book  123,  page  509. 

51 


U,  OF  ILL  LIB. 


82.  All  those  certain  two  messuages,  tenements  and 
tracts  of  land  situate  in  Patton  Township,  Centre  County, 
Pennsylvania,  bounded  and  described,  as  follows:  No.  1. 

Beginning  at  a stone  on  the  Northern  side  of  the  right  of 
way  of  the  Bellefonte  Central  Railroad,  upon  what  is  known 
as  the  Green  farm,  thence  along  said  right  of  way  of  said 
Railroad  South  sixty-nine  and  one-half  (69%)  degrees  West 
fifty-three  (53)  rods  to  a stone,  thence  North  twenty  (20) 
degrees  West  six  (6)  rods  to  a stone,  thence  North  sixty- 
nine  and  one-half  (69%)  degrees  East  fifty-three  (53) 
rods  to  a stone,  thence  North  twenty  (20)  degrees  West 
one  hundred  and  sixty-five  (165)  feet,  thence  North  twenty- 
eight  (28)  degrees  West  three  hundred  and  sixty-three 
(363)  feet,  thence  North  forty  (40)  degrees  West  one  hun- 
dred and  thirty-eight  (138)  feet,  thence  North  fifty-one 
(51)  feet,  thence  North  fifty-one  (51)  degrees  West  five 
hundred  and  twenty-eight  (528)  feet,  thence  North  fifty- 
three  (53)  degrees  West  five  hundred  and  twenty  eight 
(528)  feet,  thence  North  fifty  (50)  degrees  West  three 
hundred  and  sixty-three  (363)  feet,  thence  North  forty- 
five  and  three-fourths  (45%)  degrees  West  five  hundred 
(500)  feet,  thence  North  forty-eight  and  one-half  (48%)  de- 
grees West  to  the  middle  line  of  the  good  lime  stone  vein 
upon  the  said  Green  farm,  thence  in  a northeasterly 
direction  by  the  centre  line  of  the  said  lime  stone  vein 
one  hundred  (100)  feet,  thence  from  the  centre  line 
of  the  said  lime  stone  vein  South  forty-eight  and  one- 
half  (48%)  degrees  East  three  hundred  and  fifty  (350) 
or  thereabouts,  thence  South  forty-five  and  three-fourths 
(45%)  degrees  East  five  hundred  (500)  feet,  thence  by  a 
course  at  right  angles  with  the  last  mentioned  course 
seventy  (70)  feet,  thence  South  fifty  (50)  degrees  East 
three  hundred  and  sixty-three  (363)  feet,  thence  South 
fifty-three  (53)  degrees  East  five  hundred  and  twenty- 
eight  feet,  thence  South  fifty-one  (51)  degrees  East  five 
hundred  twenty-eight  (528)  feet,  thence  South  forty  (40) 
degrees  East  one  hundred  and  thirty-eight  (138)  feet, 
thence  South  twenty-eight  (28)  degrees  East  three  hundred 
sixty-three  (363)  feet,  thence  South  twenty  (20)  degrees 
East  one  hundred  and  sixty-five  (165)  feet,  thence  South 
twenty  (20)  degrees  East  six  (6)  rods,  thence  South  sixty- 
nine  and  one-half  (69%)  degrees  West  thirty  (30)  feet 
to  the  place  of  beginning. 

No.  2.  Also  all  that  certain  messuage,  tenement  and 
tract  of  land  five  hundred  (500)  feet  wide  extending  across 


52 


the  Green  Estate  and  bounded  as  follows:  By  a line  one 

hundred  and  fifty  (150)  feet  to  the  Northwest  by  a centre 
line  of  the  good  lime  stone  vein  upon  the  said  Green  Estate, 
and  by  a line  parallel  to  the  aforesaid  line  three  hundred  and 
fifty  (350)  feet  to  the  Southeast  of  the  said  centre  line  of 
the  said  lime  stone  vein  and  extending  in  a Northeasterly 
and  Southwesterly  direction  to  the  boundary  lines  of  the 
said  farm.  The  said  tract  including  in  its  boundaries  a por- 
tion of  the  tract  No.  1 hereinbefore  described,  containing 
approximately  forty-one  (41)  acres. 

Being  the  same  two  tracts  of  land  which  Elizabeth  D. 
Green  et  al.,  by  deed  of  conveyance  bearing  date  July  13, 
1920,  did  convey  unto  the  American  Lime  & Stone  Company, 
and  said  deed  of  conveyance  is  recorded  in  Centre  County, 
in  Deed  Book  Vol.  127,  page  122. 

83.  Also  all  that  certain  messuage,  tenement  and  tract 
of  land  situate  in  Spring  Township,  Centre  County,  Penn- 
sylvania, bounded  and  described  as  follows,  to  wit:  Begin- 
ning at  a post,  thence  along  land  of  American  Lime  and 
Stone  Company  North  forty-five  (45°)  degrees  East  fifty- 
three  (53)  perches  to  post;  thence  along  land  now  or  form- 
erly of  Conrad  Miller  South  twenty-three  (23°)  degrees 
forty  (40')  minutes  East  ninety-one  and  three-tenth  (91.3) 
perches  to  post  on  the  West  of  the  Right  of  Way  formerly 
of  the  Central  Railroad  of  Pennsylvania;  thence  along  land 
of  Armor  Estate  South  fifty-nine  and  three-fourth  (59%°) 
degrees  West  fifty-four  and  fifty-four  one-hundredths 
(54.54)  perches  to  post;  thence  North  seventy  and  one- 
fourth  (7014)  degrees  West  twenty  and  thirty-six  one- 
hundredths  (20.36)  perches  to  post  and  stone;  thence  across 
said  Right  of  Way  North  fifty-three  and  three-fourths 
(53%°)  East  fourteen  and  fourteen  one  hundredths  (14.14) 
perches  to  stone;  thence  North  eighty  (80°)  degrees  West 
nineteen  and  fifty-seven  one-hundredths  (19.57)  perches  to 
post  the  place  of  beginning,  containing  fourteen  (14)  acres 
sixty-seven  and  thirty-two  hundredths  (67.32)  perches  net 
measure. 

Excepting  and  reserving  thereout  all  lime  stone ; and  in 
case  ledge  of  good  lime  stone  is  determined  to  be  in  said 
premises  it  was  agreed  to  purchase  same  at  an  additional 
consideration  of  thirty-five  hundred  dollars,  for  which  deed 
to  be  delivered  for  same. 

Being  the  same  tract  of  land  which  Monroe  Armor 
(widower)  Amanda  T.  Miller,  et  al.,  by  deed  of  conveyance 


53 


bearing  date  July  26,  1920,  did  convey  unto  the  American 
Lime  & Stone  Company,  and  said  deed  of  conveyance  is 
recorded  in  Centre  County,  in  Deed  Book  Vol.  124,  page  481. 

84.  Also  all  the  certain  personal  property,  goods  and 
chattels  which  Joseph  M.  Brockerhoff  by  Bill  of  Sale,  bear- 
ing date  May  15,  1920,  and  recorded  in  Centre  County,  in 
Miscellaneous  Book  Vol.  U,  page  248,  did  convey  unto  the 
American  Lime  & Stone  Company,  said  personel  property 
goods  and  chattels  now  remaining  and  being,  as  to  part  of 
the  railroad  track  mentioned  in  the  said  Bill  of  Sale, 
on  right  of  way  obtained  from  Monroe  Armor,  et  al., 
and  the  said  American  Lime  & Stone  Company,  and, 
as  to  the  residue  of  said  personal  property,  on  a cer- 
tain tract  of  land  situate  in  the  Township  of  Spring, 
in  the  County  of  Centre  and  State  of  Pennsylvania,  which 
said  tract  of  land  containing  one  hundred  and  thirty  three 
acres  more  or  less  is  described  in  a certain  Indenture  dated 
the  twenty-ninth  day  of  November,  A.  D.  1913,  between 
Mary  H.  Miller  and  Julia  Mignot,  of  the  first  part  thereto, 
and  Conrad  Miller  and  John  Mignot,  then  trading  and  doing 
business  as  the  Empire  Lime  Kilns,  of  the  second  part 
thereto,  recorded  in  the  office  for  the  recording  of  deeds, 
&c.  in  and  for  the  said  County  of  Centre,  in  Miscellaneous 
Book  Vol.  T page  610,  &c.,  and  being  property  title  to  which, 
among  other  things,  became  vested  in  the  said  Joseph  M. 
Brockerhoff  by  two  certain  deeds,  one  thereof  dated  the 
thirty-first  day  of  December,  A.  D.  1919,  from  Wilfrid  I. 
Miller,  Guardian  of  Conrad  Miller,  to  John  Mignot,  recorded 
in  the  aforesaid  Recorder’s  Office  in  Miscellaneous  Book 
Vol.  U,  page  124,  &c.  and  the  other  thereof  dated  the  four- 
teenth day  of  February,  A.  D.  1920,  from  John  Mignot  and 
Julia,  his  wife,  to  the  said  Joseph  M.  Brockerhoff,  recorded 
in  the  aforesaid  Recorder’s  Office  in  Deed  Book  Vol.  123, 
page  278,  &c;  and  being  personal  property  mentioned  in  a 
certain  Indenture  of  Lease  dated  May  15,  1920  and  recorded 
in  Centre  County  in  Micellaneous  Book  Vol.  U.  page  249  from 
the  said  Joseph  M.  Brockerhoff,  Henry  Brockerhoff  and  the 
Commonwealth  Trust  Company,  of  Harrisburg,  Pennsyl- 
vania, Trustee  of  Margaret  Brockerhoff  and  the  said  Henry 
Brockerhoff  under  the  last  will  and  testament  of  Andrew 
Brockerhoff,  deceased,  to  the  said  American  Lime  and  Stone 
Company,  leasing  the  right  and  privilege  of  taking  all  the 
limestone  upon  three  certain  tracts  of  land  situate  in  Spring 
Township,  Centre  County,  Pennsylvania,  therein  designated 


54 


as  Tract  No.  1,  Tract  No.  2,  and  Tract  No.  3,  with  ap- 
purtenant rights  relative  thereto. 

Also  all  that  certain  Indenture  of  Lease  aforesaid  dated 
May  15,  1920,  from  the  said  Joseph  M.  Brockerhoff,  et  al.,  to 
the  said  American  Lime  and  Stone  Company,  etc.,  recorded 
in  Centre  County,  Pennsylvania,  in  Misc.  Book,  Vol.  U. 
page  249,  etc.;  said  lessors  having  consented  to  the  mort- 
gaging of  said  Lease  by  a writing  intended  forthwith  to  be 
recorded. 

B.  Of  the  lands  situate  in  Huntingdon  County. 

85.  Also  that  certain  tract  of  land  situate  in  Warriors- 
mark  Township,  Huntingdon  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a pine  tree  near  rail- 
road bluff  and  on  line  of  property  of  Juniata  Mining  Com- 
pany, thence  north  along  said  line  19  degrees  west  29.64 
rods  to  a post,  thence  east  66.2  perches  to  a post,  thence 
north  431/2  degrees  east  26.2  rods  to  elm,  thence  north 
53  degrees  east  15.2  perches  to  a white  oak,  thence  north 
10%  degrees  east  51  perches  to  a post,  thence  south  29% 
degrees  east  61.5  perches  to  a stone  pile,  thence  south 
25%  degrees  west  61  perches  to  an  ash,  thence  north  77 
degrees  west  12.6  perches  to  a post,  thence  south  66  de- 
grees west  46.5  perches  to  a point  on  west  end  of  No.  6 
bridge  coping,  thence  north  66%  degrees  west  46.2  perches 
to  white  pine  and  place  of  beginning,  containing  37  acres 
and  9 perches,  and  being  the  same  tract  of  land  which 
A.  A.  Stevens  and  Sarah  C.,  his  wife,  by  their  deed  of 
conveyance  bearing  date  July  1,  1902,  did  convey  unto  the 
American  Lime  and  Stone  Company,  and  said  deed  of  con- 
veyance is  recorded  in  Huntingdon  County  in  Deed  Book 
U 4,  page  350. 

86.  Also  all  that  certain  tract  of  land  situate  in 
Franklin  Township,  now  Spruce  Creek  Township,  Hunt- 
ingdon County,  Pennsylvania,  bounded  and  described  as 
follows : Beginning  at  stones,  thence  across  the  railroad  and 
by  the  tract  described  below  north  44%  degrees  east  50.7 
perches  to  cedar,  thence  by  land  of  Jesse  Fisher  south 
36%  degrees  east  95  perches  to  stones,  thence  by  lands  of 
G.  W.  Stewart  south  58%  degrees  west  23  perches  to  stones, 
thence  south  39  degrees  east  61  perches  to  stones,  thence 
south  20%  degrees  east  24  perches  to  stones,  thence  50% 
degrees  east  22  perches  to  stones,  thence  south  28%  de- 
grees west  20  perches  to  stones  and  cedar,  thence  south 


77 % degrees  west  26.6  perches  to  a black  oak,  thence 
north  22  degrees  west  48.5  perches,  thence  north  39  de- 
grees east  3.8  perches  to  stones,  thence  north  33%  de- 
grees west  17.6  perches  to  stones,  thence  south  44%  de- 
grees west  24.6  perches  across  the  railroad  to  stones,  thence 
by  land  of  James  Cullen  south  51%  degrees  west  20.5 
perches  to  the  Little  Juniata  River,  thence  up  the  river 
north  37%  degrees  west  44.5  perches,  thence  north  30  de- 
grees west  16.5  perches,  thence  north  5%  degrees  west 
24  perches,  thence  north  20%  degrees  east  22.4  perches, 
thence  north  25%  degrees  west  38  perches  to  the  place 
beginning,  containing  68  acres  and  42  perches  net  measure. 

Excepting  and  reserving  those  certain  three  strips  or 
parcels  of  land,  the  one  being  in  two  separate  parts  No.  1 
containing  .225  of  an  acre  more  or  less,  and  No.  2 con- 
taining .369  of  an  acre  more  or  less,  and  the  other  con- 
taining .305  of  an  acre  more  or  less,  which  Adie  A.  Stevens 
and  Emma  M.,  his  wife,  and  Adie  A.  Stevens,  widower, 
conveyed  respectively  on  April  12,  1898,  and  March  16, 
1900,  to  the  Pennsylvania  Railroad  Company  certain  rights 
and  privileges  , and  for  certain  purposes  and  uses  as  more 
fully  set  out  in  their  deeds  of  conveyance  recorded  in  Deed 
Books  N 4,  page  390,  and  O 4,  page  474. 

87.  Also  all  that  certain  tract  of  land  situate  in 
Franklin  Township,  now  Spruce  Creek  Township,  Hunting- 
don County,  Pennsylvania,  bounded  and  described  as  follows : 
Beginning  at  stones  near  the  bank  of  the  Little  Juniata 
River,  thence  across  the  road  to  Union  Furnace  and  the 
railroad  and  along  the  above  described  tract  of  land  north 
44%  degrees  east  35.5  perches  to  stones  and  sugar  pointer, 
thence  by  land  of  G.  W.  Stewart  north  36%  degrees  west 

44.5  perches  to  a hickory,  thence  south  20%  degrees  west 
4 perches  to  stones  and  pointers,  thence  72%  degrees  west 

28.6  perches  to  a willow  on  the  road  to  Union  Furnace, 
thence  along  said  road  south  12%  degrees  east  22.8  perches 
across  the  railroad  bridge  to  stones  on  the  bank  of  the 
Little  Juniata  River,  thence  south  25%  degrees  east  41 
perches  to  the  place  of  beginning,  containing  10  acres  net 
measure. 

The  aforesaid  two  last  described  tracts  of  land  being 
the  same  tracts  of  land  which  A.  A.  Stevens  and  Sarah  C., 
his  wife,  by  their  deed  of  conveyance  bearing  date  July  1, 
1902  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Huntingdon 
County  in  Deed  Book  U 4,  page  350. 


56 


88.  Also  that  certain  tract  of  land  situate  in  War- 

riorsmark  Township,  Huntingdon  County,  Pennsylvania, 
bounded  and  described  as  follows:  Adjoining  lands  of  the 

estate  of  Andrew  Robeson,  William  C.  Gensimere  and  George 
W.  Gensimere,  George  K.  and  J.  H.  Shoenberger  and  others, 
and  the  Juniata  River,  containing  100  acres  more  or  less, 
and  known  as  the  Robeson  farm,  having  thereon  then  erected 
a two  story  log  dwelling  house  and  stone  stable,  and  being 
the  same  tract  of  land  which  A.  G.  Morris  and  Mary  E., 
his  wife,  by  their  deed  of  conveyance  bearing  date  Nov- 
ember 17,  1902,  did  convey  unto  the  American  Lime  and 
Stone  Company,  and  said  deed  of  conveyance  is  recorded 
in  Huntingdon  County,  in  Deed  Book  V 4,  page  208. 

89.  Also  all  that  certain  tract  of  land  situate  in  Frank- 
lin Township,  now  Spruce  Creek  Township,  Huntingdon  Co., 
Pennsylvania,  bounded  and  described  as  follows : Beginning 
at  an  ash  near  the  east  or  north  bank  of  the  Juniata  River, 
thence  north  25%  degrees  east  65  perches  to  stones,  thence 
south  30  degrees  east  113.2  perches  to  post,  thence  south 
44 % degrees  18.9  perches  to  stones,  thence  north  36% 
degrees  west  44.5  perches  to  hickory,  thence  north  20%  de- 
grees west  4 perches  to  stones,  thence  south  72%  degrees 
west  22.8  perches  to  a willow  on  bank  of  Juniata  River, 
thence  up  and  following  the  river  north  47  degrees  west 
29.93  perches  to  the  place  of  beginning,  containing  21  acres 
and  100  perches  and  allowance,  and  being  the  same  tract  of 
land  which  A.  A.  Stevens  and  Sarah  C.,  his  wife,  by  their 
deed  of  conveyance  bearing  date  July  1,  1902,  did  convey 
unto  the  American  Lime  and  Stone  Company,  and  said  deed 
of  conveyance  is  recorded  in  Huntingdon  County  in  Deed 
Book  U 4,  page  350. 

90.  Also  the  undivided  14/17  interests  of,  in  and  to 

all  that  certain  tract  of  land  situate  in  Spruce  Creek  Town- 
ship, Huntingdon  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows:  First,  beginning  at  a point  where  the 

line  of  the  property  of  the  Estate  of  George  W.  Stewart 
intersects  the  line  of  the  property  of  A.  A.  Stevens  on  the 
top  of  the  hill  above  the  quarry,  thence  south  56%  degrees 
west  23  perches  to  stones  at  a corner  of  the  property  of  A. 
A.  Stevens,  thence  south  39  degrees  east  61  perches  to 
stones,  thence  south  20%  degrees  east  24  perches  to  stones, 
thence  south  50%  degrees  east  22  perches  to  stones,  thence 
along  the  Township  Road  north  82%  degrees — to  a post  in 

57 


the  middle  of  the  Township  Road,  thence  north  36  degrees 
west  1660  feet  to  the  place  of  beginning,  containing  17.5 
acres. 

Together  with  such  additional  land  appertaining  there- 
to as  may  be  necessary  to  furnish  a convenient  right  of 
way  from  the  Township  Road  through  bars  at  a point  on 
said  Township  Road  north  of  the  house  then  occupied  by 
Nich.  Johnson,  doing  as  little  damage  as  possible  in  obtain- 
ing a reasonable  grade  to  the  line  of  said  tract  of  land 
herein  described,  and  also  subject  to  a certain  reservation 
as  set  forth  in  the  following  paragraph  number  91  of  this 
mortgage. 

91.  Also  the  undivided  14/17  interests  of,  in  and  to 
all  that  certain  tract  of  land  situate  in  Spruce  Creek  Town- 
ship, Huntingdon  County,  Pennsylvania,  bounded  and  de- 
scribed as  follows : Second,  beginning  at  a point  on  the  Town- 
ship Road  leading  from  Union  Furnace  to  Tyrone  near  a 
dwelling  house  owned  by  A.  A.  Stevens,  thence  south  44% 
degrees  west  24.6  perches  to  stones,  thence  down  along  line 
of  the  railroad  track  and  parallel  with  it  to  No.  5 Bridge, 
thence  across  said  railroad  track  south  77%  degrees  west — 
to  a point  on  the  line  of  the  property  of  the  said  A.  A. 
Stevens,  thence  north  22  degrees  west  48  perches  to  a point, 
thence  north  33  degrees  east  3.5  perches  to  stones,  thence 
north  33%  degrees  west  17.5  perches  to  the  place  of  be- 
ginning, containing  7%  acres. 

Reserving,  however,  out  of  these  tracts  of  land  for  all 
times  thereafter,  the  free  and  uninterrupted  access  to  the 
spring  thereon  for  the  purpose  of  watering  stock  or  obtain- 
ing water  for  domestic  use,  together  with  any  necessary 
road  to  reach  the  same  by  stock  or  with  wagons. 

The  aforesaid  two  last  described  tracts  of  land  being 
the  same  tracts  of  land  which  Martha  E.  Stewart,  widow, 
and  others,  by  their  deed  of  conveyance  bearing  date  Feb- 
ruary 1, 1902,  did  convey  unto  the  American  Lime  and  Stone 
Company,  and  said  deed  of  conveyance  is  recorded  in  Hunt- 
ingdon County  in  Deed  Book  U 4,  page  341. 

92.  Also  all  that  certain  tract  of  land  in  the  Town- 

ship of  Morris,  County  of  Huntingdon  and  State  of  Penn- 
sylvania, bounded  and  described  as  follows,  to  wit:  Be- 

ginning at  a Chestnut  thence  by  lands  of  Henry  S.  Moyer 
North  Forty-two  (42)  degrees  East  Four  Hundred  and 
Thirty-six  and  five  tenth  (436.5)  feet  to  a post;  thence 


58 


North  Twenty-three  (23)  degrees  East  Six  Hundred  and 
Fifty-nine  (659)  feet  to  a walnut;  thence  North  Twenty-one 
(21)  degrees  West  Two  Hundred  and  Eighty-five  (285)  feet 
crossing  Township  Road  to  post  and  stones;  thence  North 
Thirty-four  (34)  degrees  East  Eleven  Hundred  and  Six 
(1106)  feet  to  a post;  thence  by  lands  of  L.  M.  Hagerty 
South  Seven  (7)  degrees  Fifteen  (15)  minutes  West  Three 
Hundred  and  Sixty  (360)  feet  to  a post;  thence  North 
Seventy-two  (72)  degrees  Thirty  (30)  minutes  East  Five 
Hundred  and  Fifty  (550)  feet  to  a Jack  Pine  (down)  ; thence 
by  lands  of  P.  McGinley,  now  Mrs.  Rose  Zackarias,  South 
Twenty-five  (25)  degrees  West  Five  Hundred  and  Thirty 
(530)  feet  to  a point  at  or  near  the  Pennsylvania  Railroad 
right  of  way  along  the  Frankstown  Branch  of  the  Juniata 
River;  thence  along  a curve  of  a radius  Seven  Hundred 
and  Ninety-four  and  six  tenths  (794.6)  feet  a distance  of 
Eight  Hundred  and  Fifty-four  and  four  tenths  (854.4)  feet 
to  a point;  thence  south  Eight  (8)  degrees  Forty-eight  (48) 
minutes  East  Five  Hundred  and  Thirty-three  and  nine 
tenth  (533.9)  feet  to  a point;  thence  along  a curve  of  a 
radius  of  Eleven  Hundred  and  Fifty-five  and  six  tenth 
(1155.6)  feet  a distance  of  Two  Hundred  and  Seventy  (270) 
feet  to  a point ; thence  along  land  formerly  of  the  Pennsyl- 
vania Railroad  Company  North  Eighty— eight  (88)  degrees 
West  Ninety-seven  (97)  feet  to  a point;  thence  South  Two 
(2)  degrees  West  One  Hundred  and  Sixty-five  (165)  feet  to 
a point;  thence  South  Eighty-eight  (88)  degrees  East 
Seventy-eight  and  seven  tenth  (78.7)  feet  to  a point;  thence 
along  a curve  of  a radius  of  Eleven  Hundred  and  Fifty-five 
and  six  tenth  (1155.6)  feet  Two  Hundred  and  Ninety-two 
(292)  feet  to  a point;  thence  by  lands  formerly  of  the  Penn- 
sylvania Railroad  Company,  now  of  estate  of  A.  A.  Stevens, 
deceased,  ; North  Eighty-four  (841)  degrees  Thirty  (30) 
minutes  West  Three  Hundred  and  Forty-one  (341)  feet  to 
a point ; thence  South  Five  (5)  degrees  Thirty  (30)  minutes 
West  Four  Hundred  and  Eighty-five  and  one  tenth  (485.1) 
feet  to  a point;  thence  South  Fifty-seven  (57)  degrees 
Thirty  (30)  minutes  West  Two  Hundred  and  Fifty-two  and 
four  tenth  (252.4)  feet  to  a point;  thence  South  Sixty-three 
(63)  degrees  West  One  Hundred  and  Fifty-three  and  seven 
tenth  (153.7)  feet  to  a point;  thence  South  Sixty-eight  (68) 
degrees  Thirty  (30)  minutes  West  Ninety-five  and  two 
tenth  (95.2)  feet  to  a point;  thence  South  Eighty-four  (84) 
degrees  Thirty  (30)  minutes  West  Seventy-three  and  five 
tenth  (73.5)  feet  to  a point;  thence  North  Eighty-nine  (89) 
degrees  West  Ninety-nine  and  three  tenth  (99.3)  feet  to  a 


point;  thence  South  Eighty-six  (86)  degrees  West  One  Hun- 
dred and  Two  (102)  feet  to  a point;  thence  South  Sixty 
and  one-half  (6OV2)  degrees  West  Eighty-eight  and  five 
tenth  (88.5)  feet  to  a point;  thence  South  Thirty-six  (36) 
degrees  Fifty  (50)  minutes  West  One  Hundred  and  Nine- 
teen (119)  feet  to  a point;  thence  South  Twenty-six  (2(D 
degrees  Forty  (40)  minutes  West  Two  Hundred  and  Two 
and  five  tenth  (202.5)  feet  to  a point;  thence  South  Eigh- 
teen (18)  degrees  Fifteen  (15)  minutes  West  Forty-five  (45) 
feet  to  a point ; thence  along  a curve  of  a radius  of  Six  Hund- 
red and  Three  and  seven  tenth  (603.7)  feet  a distance  of 
Four  Hundred  (400)  feet  to  a point ; thence  South  Seventeen 
(17)  degrees  Three  (3)  minutes  East  Four  Hundred  and 
Sixty  (460)  feet  to  a point;  thence  South  One  (1)  degree 
East  One  Hundred  and  Seventy  (170)  feet  to  a point;  thence 
South  Fifteen  (15)  degrees  Forty-five  (45)  minutes  West 
One  Hundred  and  Ninety-five  (195)  feet  to  a point;  thence 
South  Twenty-two  (22)  degrees  Thirty  (30)  minutes  West 
One  Hundred  and  Sixty-six  and  Eight  tenth  (166.8)  feet  to  a 
point;  thence  South  Forty  (40)  degrees  Forty-five  (45) 
minutes  West  Ninety-six  and  three  tenth  (96.3)  feet  to  a 
point;  thence  South  Sixty-three  (63)  degrees  Thirty  (30) 
minutes  West  Three  Hundred  and  Twenty-six  (326)  feet 
to  stones ; thence  by  lands  of  the  heirs  of  Enoch  Isenberg 
North  Twenty-six  (26)  degrees  West  Seven  Hundred  and 
Seventy-five  (775)  feet  to  stones;  thence  North  Twenty-one 
(21)  degrees  Twenty-five  (25)  minutes  East  Five  Hundred 
and  Ninety-five  (595)  feet  to  a red  oak;  thence  North 
Fifty-two  (52)  degrees  Fifty-five  (55)  minutes  West  Six 
Hundred  and  Ten  (610)  feet  at  the  Public  road  on  lands 
of  Henry  S.  Moyer;  thence  along  the  said  public  road  and 
lands  of  Henry  S.  Moyer  North  Thirty-six  (36)  degrees 
Fifteen  (15)  minutes  East  Nineteen  Hundred  and  Seventy- 
three  (1973)  feet  to  a point;  thence  South  Sixty  (60)  de- 
grees East  Three  Hundred  and  Twenty-nine  (329)  feet  to 
the  chestnut,  the  place  of  beginning,  containing  Ninety-four 
(94)  Acres,  more  or  less,  as  shown  by  a survey  made  by 
J.  Luden  Henry  on  the  5th  day  of  August,  A.  D.  1913,  a 
blueprint  of  which  said  survey  is  attached  to  the  deed  of 
Lewis  iS.  Goodman  et  ux.  dated  May  11th,  A.  D.  1917,  and 
recorded  in  the  office  for  recording  of  deeds  in  Huntingdon 
County,  Pennsylvania,  in  Deed  Book  C No.  6,  page  348,  etc. 

Being  the  same  tract  of  land  which  the  Juniata  Trap 
Rock  Company,  a corporation  of  the  State  of  Penna.,  by 
deed  of  conveyance  bearing  date  December  11th,  1918,  did 
convey  unto  the  American  Lime  & Stone  Company,  and 

60 


said  deed  of  conveyance  is  recorded  in  Huntingdon  County, 
in  Deed  Book  F No.  6,  Page  327. 

93.  Also  all  that  certain  tract  of  land  situate  in  Spruce 
Creek  Township,  Huntingdon  County,  Pennsylvania,  (form- 
erly Franklin  Township)  bounded  and  described  as  fol- 
lows : Bounded  by  lands  of  Robert  Henderson  on  the  South, 
by  lands  of  E.  B.  Isett  on  the  East,  on  the  North  and  West 
by  lands  of  the  Pennsylvania  Railroad  Company,  David  Gen- 
simore,  Jesse  Fisher,  and  lands  of  the  American  Lime  & 
Stone  Company,  containing  about  one  hundred  (100)  acres, 
more  or  less,  and  upon  which  is  erected  a large  bank  barn, 
frame  dwelling  house  and  other  out-buildings. 

Being  the  same  tract  of  land  which  A.  G.  Morris  by 
deed  of  conveyance  bearing  date  July  14th,  1921,  did  con- 
vey unto  the  American  Lime  & Stone  Company,  and  said 
deed  of  conveyance  is  recorded  in  Huntingdon  County,  in 
Deed  Book  Q No.  6,  Page  15. 

C.  Of  the  lands  situate  partly  in  Huntingdon  County 
and  partly  in  Blair  County. 

94.  Also  all  that  certain  tract  of  land  situate  partly 
in  Warriorsmark  Township,  Huntingdon  County,  and  partly 
in  Snyder  Township,  Blair  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a white  oak  pointer 
on  Warriorsmark  road  on  line  of  Jacob  Stover  land,  thence 
north  34  degrees  west  129  perches  along  Stover’s  line  to 
Bald  Eagle  Ridge,  thence  along  said  Ridge  south  521/2  de- 
grees west  130  perches  to  post  at  line  of  James  Love’s  prop- 
erty, thence  south  31  degrees  east  87  perches  along  line  of 
James  Love’s  property  to  a post,  thence  along  the  same 
south  561/2  degrees  east  45  perches  to  a locust,  thence  south 
26%  degrees  east  26.4  perches  to  post  at  public  road,  thence 
south  51  degrees  west  6 perches  to  a post,  thence  south  46 
degrees  west  40  perches  to  line  of  property  of  Tyrone  Forges, 
thence  south  311/2  degrees  east  41.1  perches  to  post,  thence 
south  18%  degrees  west  87  perches  to  a pine,  thence  south 
49  degrees  east  21  perches  to  a post,  thence  north  30  de- 
grees east  89.5  perches  to  a hemlock,  thence  north  26%  de- 
grees east  34.8  perches  to  a hemlock,  thence  north  25%  de- 
grees west  22.9  perches  to  a pine,  thence  north  35  degrees 
east  18.2  perches  to  an  elm,  thence  north  26%  degrees  west 
23.6  perches  to  stones,  thence  north  33%  degrees  east  47.3 
perches  to  a white  oak,  thence  north  65  degrees  east  24 
perches  to  stones,  thence  north  42  degrees  east  13  perches 
to  stones,  thence  north  8 degrees  east  18  perches  to  stones, 

G1 


thence  north  26  degrees  east  10.8  perches  to  the  place  of 
beginning,  containing  150  acres  more  or  less,  and  being  the 
same  tract  of  land  which  A.  A.  Stevens  and  Sarah  C.,  his 
wife,  by  their  deed  of  conveyance  bearing  date  July  1,  1902, 
did  convey  unto  the  American  Lime  and  Stone  Company, 
and  said  deed  of  conveyance  is  recorded  in  Huntingdon 
County  in  Deed  Book  U 4,  page  350. 

Excepting  and  reserving  therefrom  that  part  of  the 
aforesaid  tract  of  land  lying  northwest  of  the  Lewisburg 
and  Tyrone  Branch  of  the  Pennsylvania  Railroad  recently 
sold  by  the  American  Lime  and  Stone  Company  to  John 
B.  Campbell,  bounded  and  described  as  follows:  Beginning 
at  a point  in  the  public  road  leading  from  Tyrone  to  War- 
riorsmark  which  point  is  indicated  by  a white  oak  pointer, 
thence  by  Hands  now  or  lately  owned  by  Mrs.  Elizabeth 
Hamer  and  known  as  the  Hamer’s  Mill  Property  following 
the  said  road  south  24%  degrees  west  10.4  perches  to  a point, 
and  south  9%  degrees  west  12.8  perches  to  the  line  of  right 
of  way  of  the  Lewisburg  and  Tyrone  Branch  of  the  Penn- 
sylvania Railroad,  thence  along  the  said  right  of  way  south 
54%  degrees  west  23.24  perches  to  a post,  south  50  degrees 
west  6 perches  to  a post,  and  south  43%  degrees  west  8 
perches  to  a post  at  the  line  of  the  said  Mill  Property,  thence 
along  the  same  south  65%  degrees  west  3.56  perches  to  a 
white  oak  corner,  thence  along  other  lands  of  the  within 
grantee  south  35%  degrees  west  12.66  perches  to  a post 
at  the  aforementioned  right  of  way,  thence  along  said  right 
of  way  south  46  degrees  west  4 perches  to  post,  south  56% 
degrees  west  8 perches  to  a post,  south  67%  degrees  west 
8 perches  to  a post,  south  79%  degrees  west  18.16  perches 
to  a post,  and  south  71%  degrees  west  14  perches  to  a 
post  at  the  line  of  lands  formerly  of  James  Love’s  heirs, 
now  owned  by  John  McGowen,  thence  along  the  last  named 
lands  north  23%  degrees  west  14.2  perches  to  a locust  comer, 
north  53%  degrees  west  44.76  perches  to  a post,  and  north 
28%  degrees  west  85  perches  to  a post  and  stones  at  the 
line  of  lands  of  F.  L.  Peck,  thence  along  the  said  last  named 
lands  and  lands  of  the  Sunnyside  Fruit  Farm  north  57  de- 
grees east  132  perches  to  a post  and  stones,  a corner  of 
lands  of  H.  M.  Stover,  thence  along  said  Stover  land  south 
30%  degrees  east  129  perches  to  the  place  of  beginning, 
containing  111  acres  and  87  perches  net  measure. 

95.  Also  all  that  certain  tract  of  land  situate  partly  in 
Warriorsmark  Township,  Huntingdon  County,  and  partly  in 


62 


Snyder  Township,  Blair  County,  Pennsylvania,  bounded  and 
described  as  follows:  Beginning  in  Warriorsmark  Town- 

ship, Huntingdon  County,  at  a post  on  the  western  side  of 
public  road  leading  from  Tyrone  to  Warriorsmark,  thence 
across  said  public  road  and  along  lands  of  A.  A.  Stevens, 
Esq.,  south  34%  degrees  west  20  perches  to  locust  post, 
thence  by  same  south  24%  degrees  east  24  perches  to  an 
elm  stump,  thence  by  same  south  37  degrees  west  18.2 
perches  to  a pine  stump,  thence  by  same  south  24%  degrees 
east  22.52  perches  to  a hemlock  stump  at  Logan’s  Run, 
thence  by  same  south  28%  degrees  west  34.8  perches  to  a 
post  thence  by  same  south  32  degrees  50  minutes  west  89 
perches  to  a post,  thence  by  same  north  49  degrees  west  21 
perches  to  a post,  at  the  bank  of  the  Little  Juniata  River, 
thence  by  said  river  south  6 degrees  west  14  perches  to  a 
post,  thence  by  same  south  13  degrees  east  18  perches  to  a 
post,  thence  by  same  south  28  degrees  west  15  perches  to  a 
post  at  or  near  No.  12  Bridge,  thence  south  55  degrees  east 
18  perches  to  a post,  thence  by  land  of  C.  P.  Burnham’s  Es- 
tate north  35  edgrees  east  34  perches  to  post  and  stones, 
thence  by  same  north  40%  degrees  east  85.6  perches  to  a 
post,  thence  by  other  land  of  said  grantor  north  52%  degrees 
west  6.56  perches  to  a post,  thence  by  same  north  34  degrees 
east  18.2  perches  to  a post,  thence  by  same  north  32%  de- 
grees east  19.6  perches  to  a post,  thence  by  same  north  30% 
degrees  east  23.2  perches  to  a post,  thence  by  same 
north  26  degrees  east  13.8  perches  to  a post,  thence  by 
same  north  20  degrees  east  7.2  perches  to  a post  and  stones, 
thence  by  same  north  42%  degrees  west  20  perches  to  a 
post,  thence  by  same  north  35%  degrees  west  43.84  perches 
to  a post,  the  place  of  beginning,  containing  39  acres  be  the 
same  more  or  less,  and  being  the  same  tract  of  land  which 
A.  G.  Morris  and  Mary  E.,  his  wife,  by  their  deed  of  con- 
veyance bearing  date  July  1,  1902,  did  convey  unto  the  Am- 
erican Lime  and  Stone  Company,  and  said  deed  of  convey- 
ance is  recorded  in  Huntingdon  County  in  Deed  Book  U 4, 
page  532. 

Subject,  nevertheless,  to  two  certain  Rights  of  Way, 
the  one  thereof  which  A.  G.  Morris  granted  on  September 
14,  1897,  to  the  Central  Pennsylvania  Telephone  and  Supply 
Company  the  right,  privilege  and  authority  to  construct, 
operate  and  maintain  its  lines  of  telephone  and  telegraph, 
as  more  fully  set  out  in  his  Instrument  in  Writing  recorded 
in  Blair  County  in  Deed  Book  117,  page  166,  and  the  other 
thereof  which  the  American  Lime  and  Stone  Company  leased 
on  May  9,  1910,  to  the  Bald  Eagle  Water  Company  a strip 


03 


of  land  5 feet  in  width  for  a distance  of  about  200  feet 
through  that  part  of  the  aforesaid  tract  of  land  lying  in 
Snyder  Township,  Blair  County,  for  the  purpose  of  laying 
its  pipes,  etc.,  to  conduct  water,  as  more  fully  set  out  in 
its  Indenture  of  lease  recorded  in  Blair  County  in  Deed  Book 
194,  page  418. 

D.  And  of  the  lands  situate  in  Blair  County. 

96.  Also  all  that  certain  tract  of  land  situate  in  Alle- 

gheny Township,  Blair  County,  Pennsylvania,  bounded  and 
described  as  follows:  Beginning  at  a post,  thence  north 

60%  degrees  east  22.4  perches  along  land  of  Dr.  Irwin,  now 
deceased,  to  dead  mulberry,  thence  22%  degrees  east  11 
perches  to  stones,  thence  north  9 degrees  west  12.6  perches 
along  lands  of  Blair  County  to  a post,  thence  north  723/4 
degrees  west  36  perches  along  lands  of  Almshouse  Farm  to 
a post,  thence  south  15  perches  to  a post,  thence  south  5 
degrees  west  17  perches  along  lands  of  John  H.  Stiffler  to 
Bennington  Bridge,  thence  4 perches  to  the  west  end  of 
Bennington  Bridge,  thence  south  41  % degrees  east  15  per- 
ches to  the  place  of  beginning,  containing  7 acres  and  4 
perches,  according  to  survey  of  0.  M.  Irvine,  dated  January 
17,  1880,  net  measure,  and  being  the  same  tract  of  land 
which  the  Funk  Lime  and  Stone  Company  by  its  deed  of 
conveyance  bearing  date  January  31,  1902,  did  convey  unto 
the  American  Lime  and  Stone  Company,  and  said  deed  of 
conveyance  is  recorded  in  Blair  County  in  Deed  Book  135, 
page  354. 

97.  Also  all  that  certain  tract  of  land  situate  in  Alle- 
gheny Township,  Blair  County,  Pennsylvania,  bounded  and 
described  as  follows : Beginning  at  a point  on  the  Hollidays- 
burg  Branch  Railroad  where  it  is  intersected  by  the  public 
road  leading  to  Carson's  Valley,  thence  north  74%  degrees 
east  by  other  lands  of  John  H.  Stiffler  14  perches  to  the  bank 
of  the  river,  thence  by  same  south  18%  degrees  east  43.4 
perches  to  a hickory,  thence  south  7 degrees  west  15.6  per- 
ches to  the  Bennington  Bridge,  thence  north  86  degrees 
west  2.7  perches  to  the  west  side  of  Limestone  siding,  thence 
by  west  side  of  said  siding  south  23  degrees  west  31  perches 
to  the  east  line  of  the  Hollidaysburg  Branch  Railroad,  and 
thence  by  said  Railroad  north  7 degrees  10  minutes  west 
82  perches  to  the  place  of  beginning,  containing  7 acres 
and  131  perches,  and  being  the  same  tract  of  land  which 
Frank  J.  Over  and  Annie  C.,  his  wife,  by  their  deed  of  con- 


64 


veyance  bearing  date  June  27,  1902,  did  convey  unto  the 
American  Lime  and  Stone  Company,  and  said  deed  of  con- 
veyance is  recorded  in  Blair  County  in  Deed  Book  136, 
page  370. 

98.  Also  all  that  certain  wooden  building  24  by  14  feet 
with  a building  attached  10  by  9 feet,  erected  on  a lot 
of  ground  fronting  on  a road  leading  from  lime  kilns 
to  filtration  beds  of  Altoona  City,  adjoining  property  of 
William  Buck  on  the  north,  and  property  of  American  Lime 
and  Stone  Company  on  the  south,  and  branch  of  Juniata 
River  on  the  west,  together  with  all  the  right,  title  and 
interest  of  the  grantors  in  the  land  on  which  said  building 
is  erected  and  immediately  appurtenant  thereto  and  used 
in  connection  therewith,  situate  in  Allegheny  Township, 
Blair  County,  Pennsylvania. 

99.  Also  all  that  certain  right  of  way  from  said  build- 
ing over  property  owned  by  William  Buck  for  a line  of  pipe 
for  water  supply  from  the  pipe  line  of  the  Overseers  of 
the  Poor  where  the  same  crosses  said  property  of  William 
Buck,  said  pipe  line  to  follow  the  line  of  the  road  on  which 
said  property  fronts,  situate  in  Allegheny  Township,  Blair 
County,  Pennsylvania. 

The  aforesaid  two  last  described  lots  or  pieces  of  land 
and  right  of  way  being  the  same  lot  or  piece  of  land  and 
right  of  way  which  James  W.  Buck  et  al.  by  their  deed 
of  conveyance  bearing  date  May  18,  1903,  did  convey  unto 
the  American  Lime  and  Stone  Company,  and  said  deed  of 
conveyance  is  recorded  in  Blair  County  in  Deed  Book  150, 
page  78. 

100.  Also  all  that  certain  tract  of  land  situate  in 
Snyder  Township,  Blair  County,  Pennsylvania,  bounded  and 
described  as  follows:  Beginning  at  a stone  corner  of  land 
of  H.  A.  Gripp,  thence  along  the  line  of  land  of  H.  A.  Gripp 
south  40  degrees  15  minutes  west  700  feet  to  a post,  thence 
along  same  south  41  degrees  15  minutes  west  445  feet  to  an 
ash,  thence  along  same  south  66  degrees  west  365  feet  to 
a walnut,  thence  along  same  south  52  degrees  10  minutes 
west  263  feet  to  a walnut,  thence  along  same  south  32% 
degrees  west  461.5  feet  to  a stone,  thence  along  same  north 
80%  degrees  west  221  feet  to  post  on  line  of  other  land  of 
H.  A.  Gripp,  formerly  owned  by  Aaron  Thomas,  thence 
along  same  south  51%  degrees  east  193  feet  to  a stone, 
corner  of  other  land  of  A.  G.  Morris,  thence  along  line  of 


65 


land  of  A.  G.  Morris  north  74  degrees  east  703  feet  to  a 
post  in  center  of  Elk  Run,  thence  along  center  of  said  Run 
north  37  degrees  east  145  feet,  thence  along  same  north 
86  degrees  east  297  feet,  thence  north  64%  degrees  east 
99  feet,  thence  north  35%  degrees  east  445  feet,  thence 
north  62  degrees  east  165  feet  the  point  where  the  said 
Itun  empties  into  the  Little  Juniata  River,  thence  along 
the  bank  of  said  river  north  18%  degrees  east  148  feet, 
thence  along  same  north  23%  degrees  east  115  feet,  thence 
along  other  land  of  the  parties  of  the  first  part  hereto  north 
14%  degrees  east  212  feet  to  post,  thence  along  same  north 
41%  degrees  east  225  feet  to  post,  thence  along  same  north 
57%  degrees  west  31  feet  to  a point  20  feet  east  from  the 
western  rail  of  the  railroad  siding  extending  from  the  main 
line  of  the  Pennsylvania  Railroad  to  the  stone  quarry  of 
A.  G.  Morris,  thence  along  said  siding  by  a line  parallel 
with  the  western  line  of  said  siding  and  20  feet  eastward 
therefrom  855  feet  to  the  right  of  way  of  the  main  line  of 
the  Pennsylvania  Railroad,  thence  along  said  right  of  way 
north  31  degrees  50  minutes  west  93.7  feet  to  post,  thence 
.along  same  north  55  degrees  13  minutes  west  100  feet  to  a 
■post,  thence  along  land  of  H.  A.  Gripp  south  11%  degrees 
west  9 feet  to  post,  thence  along  same  south  37  degrees  35 
minutes  east  101.5  feet  to  post,  thence  along  same  south 
28%  degrees  east  152  feet  to  post,  thence  along  same  by  a 
line  parallel  to  the  above  mentioned  railroad  siding  and  20 
feet  westward  from  the  western  rail  of  said  siding  750  feet 
to  post,  thence  along  land  of  said  H.  A.  Gripp  north  57% 
degrees  west  251  feet  to  stone,  the  place  of  beginning, 
containing  23  acres  and  being  the  same  tract  of  land  which 
A.  G.  Morris  and  Mary  E.,  his  wife  by  their  deed  of  con- 
veyance bearing  date  July  1,  1902,  did  convey  unto  the 
American  Lime  and  Stone  Company,  and  said  deed  of  con- 
veyance is  recorded  in  Blair  County  in  Deed  Book  137,  page 
98. 

Excepting  and  reserving,  however,  a right  of  way  for 
railroad  tracks  or  siding  20  feet  in  width,  extending  from 
the  main  line  of  the  Pennsylvania  Railroad  at  Tyrone  Forges, 
through,  over  and  across  the  above  described  tract  of  land 
to  the  stone  quarry  along  the  Elk  Run  now  operated  by  the 
Pittsburg  Limestone  Company;  And  also  excepting  and 
reserving  a strip  of  land  being  10%  feet  in  width  and 
parallel  to  the  aforementioned  right  of  way  which  the 
American  Lime  and  Stone  Company  on  February  14,  1902, 
conveyed  to  A.  A.  Stevens,  as  more  fully  set  forth  in  its 


66 


deed  of  conveyance  recorded  in  Blair  County  in  Deed  Book 
192,  page  694. 

101.  Also  all  that  certain  tract  of  land,  with  the  build- 

ings and  improvements  thereon  erected,  situate  in  Franks- 
town  Township,  Blair  County,  Pennsylvania,  bounded  and 
described  as  follows:  Beginning  at  a stake  in  the  middle 

of  the  Township  Road,  and  extending  thence  by  other  land 
of  the  Manor  Real  Estate  and  Trust  Company  north  69  de- 
grees west  784.7  feet  to  an  iron  bolt,  thence  by  land  of  the 
American  Lime  and  Stone  Company  as  follows,  viz:  First, 
north  45  degrees  15  minutes  east  1297.4  feet  to  a post  and 
pile  of  stones,  and  second,  north  13  degrees  15  minutes 
west  264  feet  to  a post,  thence  by  other  land  of  the  said 
Manor  Real  Estate  and  Trust  Company,  formerly  land  of 
J.  King  McLanahan,  Jr.,  south  35  degrees  43  minutes  east 
894.2  feet  to  a spike  in  the  middle  of  the  Township  Road 
aforesaid,  and  thence  along  the  middle  of  said  road  south 
42  degrees  5 minutes  west  968.8  feet  to  the  place  of  begin- 
ning, containing  18.88  acres  more  or  less  and  being  the 
same  tract  of  land  which  the  Manor  Real  Estate  and  Trust 
Company  by  its  deed  of  conveyance  bearing  date  October 
15,  1908  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Blair 
County  in  Deed  Book  184,  page  476. 

102.  Also  all  those  certain  two  lots  numbered  27  and  28 
in  the  Village  of  Frankstown,  Blair  County,  Pennsylvania, 
according  to  the  plot  of  the  said  Village,  having  thereon 
erected  four  lime  kilns,  a pulverizing-  plant,  one  dwelling 
house  and  necessary  structures,  machinery,  etc.,  and  being 
the  same  two  lots  which  J.  King  McLanahan,  Jr.,  and  Ella 
S.,  his  wife,  by  their  deed  of  conveyance  bearing  date  July  1, 
1902,  did  convey  unto  the  American  Lime  and  Stone  Com- 
pany, and  said  deed  of  conveyance  is  recorded  in  Blair 
County  in  Deed  Book  137,  page  100. 

103.  Also  all  that  certain  tract  of  land  situate  in 
Frankstown  Township,  Blair  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a post  on  the  bank  of 
the  Juniata  River  near  the  Williamsburg  Branch  of  the  Penn- 
sylvania Railroad,  thence  north  9 degrees  west  68  perches 
to  stones,  said  line  being  along  land  late  of  D.  C.  Irwin,  now 
the  Crawford  Irwin  Estate,  thence  by  land  of  same  north 
39  degrees  east  100  perches  to  a post,  thence  by  land  of  said 
Irwin  Estate  south  421/2  degrees  east  15.5  perches  to  a white 


oak,  thence  south  10 % degrees  west  25  perches  to  a line, 
thence  by  land  of  William  Brown,  formerly  Joseph  Hileman, 
south  25  % degrees  west  124  perches  to  the  place  of  begin- 
ning, containing  39  acres  and  23  perches  and  allowance  and 
being  the  same  tract  of  land  which  J.  King  McLanahan,  Jr., 
and  Ella  S.,  his  wife  by  their  deed  of  conveyance  bearing  date 
July  1,  1902,  did  convey  unto  the  American  Lime  and  Stone 
Company,  and  said  deed  of  conveyance  is  recorded  in  Deed 
Book  137,  page  100. 

Excepting  and  reserving  so  much  of  a certain  tract  of 
land  containng  3.697  acres  that  is  a part  of  the  aforesaid 
described  tract  of  land,  which  the  American  Lime  and  Stone 
Company  on  October  15,  1908,  conveyed  to  the  Manor  Real 
Estate  and  Trust  Company,  as  more  fully  set  forth  in  its 
deed  of  conveyance  recorded  in  Blair  County  in  Deed  Book 
184,  page  438. 

104.  Also  all  that  certain  tract  of  land  situate  in 
Frankstown  Township,  Blair  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a stake  in  the  north- 
erly line  of  land  of  the  Manor  Real  Estate  and  Trust  Com- 
pany, formerly  land  of  Harriet  E.  Brown  at  the  distance  of 
692  feet  measured  on  a course  bearing  north  69  degrees  30 
minutes  west  from  a stake  at  an  angle  on  the  said  line  which 
said  stake  is  distant  369  feet  measured  on  a course  bearing 
north  50  degrees  west  from  the  beginning  point  in  the  line 
established  for  the  center  line  of  the  railroad  of  the  Pennsyl- 
vania Railroad  Company,  known  as  the  Petersburg  Branch, 
in  the  northeasterly  line  of  land  of  the  Manor  Real  Estate 
and  Trust  Company,  formerly  land  of  Harriet  E.  Brown,  and 
extending  thence  by  said  land  of  the  Manor  Real  Estate  and 
Trust  Company,  formerly  land  of  Harriet  E.  Brown,  as  fol- 
lows, viz : First,  north  69  degrees  30  minutes  west  446  feet 
to  a stake,  and  Second,  north  80  degrees  45  minutes  west 
194.7  feet  to  a stake,  thence  by  other  land  of  the  said  Ameri- 
can Lime  and  Stone  Company  north  16  degrees  45  minutes 
east  280.5  feet  to  a white  oak,  common  to  the  southeasterly 
line  of  land  of  the  heirs  of  D.  C.  Irwin,  deceased,  and  the 
southwesterly  line  of  land  of  the  Manor  Real  Estate  and 
Trust  Company,  formerly  land  of  J.  King  McLanahan,  Jr., 
thence  by  the  last  mentioned  land  as  follows,  viz:  First, 

south  40  degrees  east  189.7  feet  to  a stone,  and  Second,  north 
39  degrees  15  minutes  east  2826  feet  to  a stone,  thence  by 
other  land  of  the  said  American  Lime  and  Stone  Company 
south  42  degrees  35  minutes  east  475  feet  to  a stake,  thence 
by  other  land  of  the  said  Manor  Real  Estate  and  Trust  Com- 


es 


pany,  formerly  land  of  J.  King  McLanahan,  Jr.,  as  follows, 
viz:  First,  south  41  degrees  50  minutes  west  1251  feet  to 
a stake,  Second,  south  13  degrees  40  minutes  west  264  feet 
to  a stake,  and  Third,  south  45  degrees  2 minutes  west  1326 
feet  to  the  place  of  beginning,  containing  34.89  acres  more  or 
less,  and  being  the  same  tract  of  land  described  in  the  reser- 
vation contained  in  the  deed  of  conveyance  from  the  Ameri- 
can Lime  and  Stone  Company  to  the  Manor  Real  Estate  and 
Trust  Company,  and  recorded  in  Blair  County  in  Deed  Book 
184,  page  4^8,  and  being  the  same  tract  of  land  previously 
described  and  designated  as  containing  30  acres  and  102 
perches,  which  embraces  the  northwesterly  part  of  the  tract 
of  land  containing  1 and  23/160  acres,  and  which  J.  King  Mc- 
Lanahan, Jr.,  and  Ella  S.,  his  wife,  by  their  deed  of  convey- 
ance bearing  date  July  1,  1902,  did  convey  unto  the  Ameri- 
can Lime  and  Stone  Company,  and  said  deed  of  conveyance 
is  recorded  in  Blair  County  in  Deed  Book  137,  page  100. 

105.  Also  all  that  certain  tract  of  land  situate  in 
Frankstown  Township,  31air  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a stake  in  the  north- 
westerly line  of  land  of  the  Pennsylvania  Railroad  Company 
at  a distance  of  30  feet  measured  northwestwardly  from  the 
line  established  for  the  center  line  of  the  railroad  of  the 
said  Railroad  Company,  known  as  the  Petersburg  Branch  in 
the  northeasterly  line  of  land  of  the  Manor  Real  Estate  and 
Trust  Company,  formerly  line  of  Harriet  E.  Brown,  and 
extending  thence  by  said  land  and  by  land  of  A.  A.  Stevens 
or  American  Lime  and  Stone  Company  north  50  degrees  45 
minutes  west  230.7  feet  to  a stake  in  the  southeasterly  line 
of  the  public  road  which  leads  from  Hollidaysburg  to  Wil- 
liamsburg, thence  along  said  road  north  41  degrees  east  566 
feet  to  a stake,  thence  by  other  land  of  the  said  Manor  Real 
Estate  and  Trust  Company,  formerly  land  of  J.  King  Mc- 
Lanahan, Jr.,  south  46  degrees  45  minutes  east  165  feet  to 
a stake  in  the  northwesterly  line  of  land  of  the  Pennsylvania 
Railroad  Company  aforesaid,  thence  by  said  land  in  a general 
southwesterly  direction  by  a line  parallel  with  the  aforesaid 
center  line  and  30  feet  distant  northwesterly  therefrom  as 
follows,  viz : First,  south  33  degrees  38  minutes  west  365.5 
feet  to  a stake,  and  Second,  by  a line  curving  toward  the 
west  with  a radius  of  1403  feet  a distance  of  201  feet  to  the 
place  of  beginning,  containing  2.68  acres  more  or  less,  and 
being  the  same  tract  of  land  described  in  the  reservation 
contained  in  the  deed  of  conveyance  from  the  American  Lime 
and  Stone  Company  to  the  Manor  Real  Estate  and  Trust 


69 


Company,  and  recorded  in  Blair  County  in  Deed  Book  184, 
page  438,  and  being  the  same  tract  of  land  previously  de- 
scribed and  designated  as  containing  1 acre  and  49  perches, 
which  J.  King  McLanahan  and  Ella  S.,  his  wife,  by  their  deed 
of  conveyance  bearing  date  July  1,  1902,  did  convey  unto  the 
American  Lime  and  Stone  Company,  and  said  deed  of  con- 
veyance is  recorded  in  Blair  County  in  Deed  Book  137,  page 
100. 

106.  Also  all  that  certain  triangular  piece  or  tract  of 
land  situate  in  the  Village  of  Frankstown,  Blair  County, 
Pennsylvania,  bounded  and  described  as  follows : Beginning 
at  a point  87  feet  south  from  Turnpike  Road  leading  from 
Hollidaysburg  to  Canoe  Creek  on  the  boundary  line  of  lands 
owned  by  Albert  Mentzer  and  Blair  Mauk,  thence  in  a south- 
erly direction  along  said  boundary  line  63  feet  to  a post, 
thence  at  right  angles  to  said  boundary  line  150  feet  to  a post, 
thence  by  a diagonal  line  163  feet  to  place  of  beginning,  being 
the  same  triangular  piece  or  tract  of  land  which  J.  King  Mc- 
Lanahan and  Ella  S.,  his  wife,  by  their  deed  of  conveyance 
bearing  date  July  1,  1902,  did  convey  unto  the  American 
Lime  and  Stone  Company,  and  said  deed  of  conveyance  is 
recorded  in  Blair  County  in  Deed  Book  137,  page  100. 

107.  Also  all  that  certain  piece  or  tract  of  land  situate 
in  the  Village  of  Frankstown,  Blair  County,  Pennsylvania, 
bounded  and  described  as  follows:  Beginning  at  a point  on 
the  right  of  way  of  the  Pennsylvania  Railroad  on  the  eastern 
boundary  of  lot  owned  by  Albert  Mentzer,  thence  in  a north- 
erly direction  along  said  Mentzer  lot  30  feet  to  a point, 
thence  in  a westerly  direction  along  other  land  of  grantors 
herein  60  feet  to  a point,  thence  in  a southerly  direction 
along  lot  of  ground  owned  by  the  James  Funk  Estate  30  feet 
to  the  right  of  way  of  the  said  Pennsylvania  Railroad, 
thence  in  an  easterly  direction  along  said  right  of  way  60 
feet  to  the  place  of  beginning,  being  the  same  piece  or  tract 
of  land  which  J.  King  McLanahan,  Jr.,  and  Ella  S.,  his  wife, 
by  their  deed  of  conveyance  bearing  date  July  1,  1902,  did 
convey  unto  the  American  Lime  and  Stone  Company,  and 
said  deed  of  conveyance  is  recorded  in  Blair  County  in  Deed 
Book  137,  page  100. 

108.  Also  all  that  certain  tract  of  land  situate  in 
Frankstown  Township,  Blair  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a post  in  the  south- 
westerly line  of  other  land  of  the  said  American  Lime  and 


70 


Stone  Company  at  the  distance  of  91.7  feet  northwestwardly 
measured  along  said  line  of  land  from  the  beginning  point  of 
the  first  above  described  tract  of  land,  thence  by  land  of  the 
said  Harriet  E.  Brown  as  follows,  viz:  First  south  43  de- 

grees 25  minutes  west  336.5  feet  to  a post,  Second,  south  55 
degrees  15  minutes  west  328  feet  to  a post,  Third,  north  42 
degrees  15  minutes  west  173.5  feet  to  a post  in  the  south- 
easterly line  of  the  Township  Road  leading  to  Frankstown, 
thence  still  by  said  land  along  the  line  of  said  Township  Road 
north  51  degrees  30  minutes  east  100  feet  to  a post,  Second, 
north  54  degrees  15  minutes  east  352.5  feet  to  a locust  tree, 
and  Third,  crossing  the  aforesaid  Township  Road  north  19 
degrees  45  minutes  west  278  feet  to  a post  in  the  southwest- 
erly line  of  land  of  John  K.  McLanahan,  Jr.,  thence  by  said 
land  south  69  degrees  30  minutes  east  135.5  feet  to  a stake, 
and  thence  still  by  said  land  and  by  other  land  of  the  said 
American  Lime  and  Stone  Company,  crossing  the  aforesaid 
Township  Road  south  50  degrees  45  minutes  east  277.3  feet 
to  the  place  of  beginning,  containing  3.15  acres  more  or  less, 
and  being  the  same  tract  of  land  described  in  the  reservation 
contained  in  the  deed  of  conveyance  from  Harriet  E.  Brown 
and  William  M.  Brown,  her  husband,  to  the  Manor  Real 
Estate  and  Trust  Company. 

109.  Also  all  that  certain  tract  of  land  situate  in 
Frankstown  Township,  Blair  County,  Pennsylvania,  bounded 
and  described  as  follows : Beginning  at  a post  on  line  of  Ra- 
chael M.  Hileman  on  Township  Road  leading  from  Franks- 
town to  Hollidaysburg  by  way  of  Presbyterian  Cemetery, 
thence  south  46%  degrees  west  along  land  of  Rachael  M. 
Hileman  60.7  perches  to  a stake,  thence  south  41%  degrees 
west  33.1  perches  to  a stake,  thence  south  36%  degrees  west 
126.1  perches  to  a stake  on  line  of  J.  K.  McLanahan,  Jr.,  75 
feet  southwest  of  white  oak,  thence  south  43%  degrees  east 
along  line  of  J.  K.  McLanahan,  Jr.,  32.5  perches  to  a stone 
post,  thence  north  37  degrees  east  62.5  perches  to  stone, 
thence  north  43%  degrees  west  9.5  perches  to  stones,  thence 
north  30%  degrees  east  26.2  perches  to  stones,  thence  north 
59%  degrees  west  10  perches  to  stones,  thence  north  47  de- 
grees east  142.4  perches  to  a stake  on  aforesaid  Township 
Road,  thence  north  81  degrees  west  along  Township  Road  21 
perches  to  place  of  beginning,  containing  32  acres  and  73.7 
perches  more  or  less,  being  the  same  tract  of  land  which  J. 
King  McLanahan,  Jr.,  and  Ella  S.,  his  wife,  by  their  deed  of 
conveyance  bearing  date  July  1,  1902  did  convey  unto  the 


71 


American  Lime  and  Stone  Company,  and  said  deed  of  con- 
veyance is  recorded  in  Blair  County  in  Deed  Book  137,  page 
100. 

Subject,  however,  to  a reservation  in  favor  of  Virginia 
W.  Smith  and  William  P.  Smith,  her  husband,  their  heirs 
and  assigns,  of  a perpetual  right  of  way  for  persons  and 
teams  over  and  across  the  land  thereby  granted  and  con- 
veyed to  a small  strip  of  land  then  owned  by  Virginia  W. 
Smith  and  William  P.  Smith,  her  husband,  situate  between 
the  land  thereby  granted  and  the  land  of  S.  Reed  Matthews, 
said  way  to  be  as  then  used  and  located,  but  to  be  changed 
from  time  to  time  as  quarrying  operations  necessitate  so 
as  not  to  unreasonably  inconvenience  the  grantee  therein, 
its  successors  or  assigns,  in  the  operation  of  its  stone  quar- 
ries. 

The  said  tract  being  the  same  tract  of  land  which 
J.  King  McLanahan,  Jr.,  and  Ella  S.,  his  wife,  by  their  deed 
of  conveyance  bearing  date  July  1,  1902,  did  convey  unto  the 
American  Lime  and  Stone  Company,  and  said  deed  of  convey- 
ance is  recorded  in  Blair  County  in  Deed  Book  137,  page  100. 

110.  Also  the  grant  to  the  free  and  uninterrupted  use, 
liberty  and  privilege  to  construct  and  maintain  a tram  road 
as  then  located  on  and  over  the  farm  land  owned  by  Virginia 
W.  Smith  and  William  P.  Smith,  her  husband,  intervening 
between  the  land  hereinbefore  described  in  paragraph  109, 
and  the  lime  kilns,  crushers  and  shipping  platform,  for  the 
purpose  of  transporting  the  product  of  the  American  Lime 
and  Stone  Company's  quarries  to  the  said  lime  kilns,  crushers 
and  shipping  platform,  in  the  Village  of  Frankstown  until 
such  times  as  the  aforesaid  lime  kilns,  crushers  and  shipping 
platform  are  abandoned,  on  condition,  however,  that  a suit- 
able crossing  be  provided,  constructed  and  maintained  over 
said  tram  road  for  the  exclusive  use  and  convenience  of 
the  said  Virginia  W.  Smith  and  William  P.  Smith,  her  hus- 
band, their  heirs,  tenants  or  assigns,  in  the  carrying  on  of 
their  farming  operations,  or  for  any  purpose  incident  to  the 
free  and  uninterrupted  use  of  said  land,  and  being  the  same 
grant  which  J.  King  McLanahan,  Jr.,  and  Ella  S.,  his  wife, 
by  their  deed  of  conveyance  bearing  date  July  1,  1902,  did 
grant  unto  the  American  Lime  and  Stone  Company,  and  said 
deed  of  conveyance  is  recorded  in  Blair  County  in  Deed  Book 
137,  page  100. 

111.  Also  all  that  certain  piece  or  parcel  of  land  sit- 
uate in  Taylor  Township,  County  of  Blair  and  State  of  Penn- 
sylvania, bounded  and  described  as  follows,  to  wit,  Be- 

72 


ginning  at  a post  and  stone  on  the  West  side  on  the  Town- 
ship Road  leading  from  Dry  Gap  to  Freedom,  being  a cor- 
ner of  lands  of  the  grantors  and  Jesse  L.  Hartman ; thence 
along  line  of  land  of  Jesse  L.  Hartman,  North  twenty-four 
(24)  degrees  thirty  (30)  minutes  West  one  thousand  five 
(1005)  feet  to  post  and  stones  in  a deep  ravine;  thence  up 
said  ravine  and  through  lands  of  the  grantors  the  following 
courses  and  distances:  North  sixty-two  (62)  degrees,  East 
five  hundred  fifty-six  (556)  feet  to  a point  North  fifty-four 
(54)  degrees  East  one  hundred  thirty  (130)  feet  to  a point; 
North  forty-seven  (47)  degrees  East  two  hundred  sixty- 
nine  (269)  feet  to  a point;  North  thirty  and  three  fourths 
(30%)  degrees  East  three  Hundred  and  thirty  seven  (337) 
feet  to  a Pine  Oak  North  thirty-five  and  one  half  (35 Vs) 
degrees  East  three  hundred  twenty-six  (326)  feet  to  a 
point;  North  fifteen  (15)  degrees  East  seventy-seven  (77) 
feet  to  a point;  North  fifty-eight  and  one  half  (58%)  de- 
grees East  one  hundred  seventy-three  (173)  feet  to  a pointQ 
North  forty-eight  and  one  half  (48%)  degrees  East  two 
hundred  thirty-one  (231)  feet  to  a maple,  North  forty- 
seven  and  one  half  (47%)  degrees  East  eighty-four  (84) 
feet  to  a Chestnut  Oak  at  the  summit;  thence  down  the 
eastern  slope  of  Dunning’s  Mountain  South  sixty-seven  (67) 
degrees  East  one  thousand  seventy-six  (1076)  feet  to  a 
post ; thence  continuing  through  lands  of  the  said  grantors, 
the  following  courses  and  distances;  South  three  (3)  de- 
grees East  one  hundred  and  twenty-two  (122)  feet  to  a 
Chestnut  Oak,  South  seventeen  and  one  half  (17%)  de- 
grees West  ninety-seven  (97)  feet  to  a Chestnut  Oak  South 
twenty-five  and  three  fourths  (25%),  West  one  hundred 
forty-one  (141)  feet  to  a locust;  South  forty  and  three 
fourths  (40%)  degrees  West  one  hundred  fifty  (150)  feet 
to  a Red  Oak,  South  forty-six  (46)  degrees  West  two  hun- 
dred ninety-one  (291)  feet  to  a Red  Oak,  South  thirty-four 
(34)  degrees  East  one  hundred  six  (106)  feet  to  a locust 
South  fifty-three  and  one  half  (53%)  degrees  West  one 
hundred  and  seventy-three  (173)  feet  to  a Jack  Pine,  South 
forty-seven  (47)  degrees  West  one  hundred  two  (102)  feet 
to  a Black  Oak,  South  fifty-eight  and  one  half  (58%)  de- 
grees West  sixty-eight  (68)  feet  to  a Yellow  Pine  South 
thirty-eight  (38)  degrees  West  four  hundred  eight  (408) 
feet  to  a Black  Oak,  South  thirty-three  and  one  half  (33%) 
degrees  West  two  hundred  and  seventy  (270)  feet  to  a 
Locust,  South  twenty-seven  (27)  degrees  West  four  hun- 
dred seventy-three  (473)  feet  to  a point  in  the  aforesaid 
Township  Road;  thence  along  line  of  land  of  the  heirs  of 
David  Showalter,  formerly  Adam  Feight  in  the  said  Town- 

73 


ship  Road,  South  seventy-five  (75)  degrees  West  five  hun- 
dred forty-seven  (547)  feet  to  a post;  thence  North  sixty- 
two  and  three-fourths  (62%)  degrees  West  one  hundred 
fifty-one  (151)  feet  to  a stone;  North  fifty-seven  (57)  de- 
grees West  one  hundred  eighteen  (118)  feet  to  a post  and 
stone,  the  place  of  beginning;  containing  seventy  and  two 
tenths  (70.2)  acres. 

Being  the  same  tract  of  land  which  William  Bice,  et 
ux,  by  deed  of  conveyance  bearing  date  March  1,  1920,  did 
convey  unto  the  American  Lime  & Stone  Company,  and  said 
deed  of  conveyance  is  recorded  in  Blair  County,  in  Deed 
Book  Vol.  274,  Page  491. 

112.  Also  all  that  certain  tract  of  land  situate  on  the 
South  end  of  Short  Mountain,  in  the  Township  of  Cath- 
erine, County  of  Blair  and  State  of  Pennsylvania,  beginning 
at  a white  oak  tree  corner  of  Howard  Fornwalt  and  lands 
of  William  Bice;  thence  along  said  Fornwalt  South  Eighty- 
one  (81)  degrees  Ten  (10)  minutes  West  six  hundred  forty- 
two  (642)  feet  to  a hickory,  thence  South  eight  and  one 
half  (8%)  degrees  West  seventy-eight  (78)  feet  to  a wal- 
nut tree;  thence  along  land  of  A.  J.  Patterson  and  the  St. 
Clair  School  lot  North  eighty-three  (83)  degrees  West  two 
hundred  eighty-nine  (289)  feet  to  a post;  thence  North 
fifty-one  (51)  degrees  West  two  hundred  sixty-nine  (269) 
feet;  thence  along  the  Juniata  River  the  following  courses 
and  distances:  North  thirty-six  and  one  half  (36%)  de- 
grees West  eight  hundred  sixty-one  (861)  feet;  North 
twenty-eight  and  one  half  (28%)  degrees  West  six  hundred 
five  (605)  feet;  North  forty-four  (44)  degrees  West  two 
hundred  ninety-two  (292)  feet;  North  thirty-nine  (39)  de- 
grees West  three  hundred  seven  (307)  feet;  North  twenty- 
seven  (27)  degrees  West  four  hundred  forty-eight  (448) 
feet  to  post  and  stones;  thence  along  line  of  land  now  or 
lately  belonging  to  E.  R.  Baldrige  & Company,  North  sev- 
enty-two and  three  fourths  (72%)  degrees  East  eighteen 
hundred  twenty  (1820)  feet,  more  or  less,  to  a post;  thence 
North  eighteen  and  three  fourths  (18%)  degrees  West 
eight  hundred  (800)  feet,  more  or  less,  to  a rock  oak ; thence 
South  eighty-one  and  one-half  (81%)  degrees  East  three 
hundred  eighty  (380)  feet  to  a chestnut;  thence  North 
eighteen  and  one-half  (18%)  degrees  East  five  hundred 
thirty-four  (534)  feet,  more  or  less,  to  stones;  thence  South 
seventy-one  and  one  half  (71%)  degrees  East  three  hun- 
dred sixty-three  (363)  feet  to  a post;  thence  by  land  of 
Lucetta  K.  Thompson  in  a southerly  direction  about  fifteen 


74 


hundred  (1500)  feet  to  a stone  heap,  corner  of  Homer 
Stewart  and  Thomas  Wolf;  thence  along  line  of  the  said 
Thomas  Wolf  South  sixteen  (16)  degrees  West  eighteen 
hundred  twenty  (1820)  feet,  more  or  less,  to  a stone  pile; 
thence  South  eighty-nine  (89)  degrees  East  ten  Hundred 
thirty-one  (1031)  feet  to  a post;  thence  along  line  of  land 
of  A.  J.  Patterson  South  forty-seven  (47)  degrees  West 
sixteen  hundred  ninety-two  (1692)  feet  to  a post;  thence 
along  the  aforsaid  Howard  Fornwalt  twenty-three  and  one 
half  (23%)  degrees  West  one  hundred  seventy  (170)  feet 
to  a white  oak,  the  place  of  beginning.  Containing  about 
one  hundred  and  eighty-two  (182)  acres. 


Excepting  and  Reserving  from  said  conveyance  all  that 
certain  piece  or  parcel  of  the  land  hereinbefore  described, 
containing  three  and  fifty-three  one  hundredths  (3.53) 
acres,  conveyed  by  William  Bice,  et  ux,  the  grantors  therein, 
to  Thomas  Wolf,  by  their  deed  dated  June  7th,  1917,  and 
recorded  in  the  Office  of  the  Recorder  of  Deeds  in  and  for 
Blair  County  in  Deed  Book  Volume  248,  Page  66. 

Also  Excepting  and  Reserving  from  said  conveyance  all 
that  certain  piece  or  parcel  of  the  land  hereinbefore  de- 
scribed, containing  about  50  acres  and  72  perches  conveyed 
by  Lucetta  K.  Thompson  to  E.  R.  Baldrige  & Company,  by 
her  deed  dated  the  1st  day  of  December,  A.  D.  1899, 
recorded  in  said  Recorder’s  Office  in  Deed  Book  Volume 
126,  Page  353,  and  also  RESERVING  AND  EXCEPTING 
FROM  said  conveyance  about  One  (1)  acre  of  the  here- 
inbefore described  real  estate  conveyed  by  the  said  Lucetta 
K.  Thompson  to  St.  Clair  Limestone  Company  by  her 
deed  dated  the  15th  day  of  May,  A.  D.,  1916,  and  recorded 
in  said  Recorder’s  Office  in  Deed  Book  Volume  240,  Page 
405. 

Being  the  same  tract  of  land  which  J.  King  McLanahan, 
et  ux,  by  deed  of  conveyance  bearing  date  Dec.  7,  1918,  did 
convey  unto  the  American  Lime  & Stone  Company,  and  said 
deed  of  conveyance  is  recorded  in  Blair  County,  in  Deed 
Book  Volume  288,  Page  203. 


Together  with  all  and  singular  the  structures,  ma- 
chinery, buildings,  improvements,  ways,  woods,  waters, 
watercourses,  rights,  liberties,  privileges,  hereditaments, 
and  appurtenances  whatsoever  thereto  belonging  or  in  any- 


75 


wise  appertaining,  and  the  reversions  and  remainders,  rents, 

issues  and  profits  thereof. 

Also  all  other  real  estate,  land,  leasehold  estate  and 
property  of  the  Company,  and  all  right,  title  and  interest 
of  the  Company  therein,  all  its  easements,  rights  of  way, 
mining,  water,  and  other  rights,  licenses  and  privileges,  cor- 
porate and  other  franchises,  all  contracts  and  choses  in  ac- 
tion and  the  good  will  of  its  business,  now  owned  or  hereafter 
acquired  by  the  Company,  and  also  all  the  engines,  engine 
houses,  boilers,  works,  shops  and  structures  now  or  hereafter 
to  be  erected  thereon,  and  all  machines  and  machinery,  tools 
and  other  equipment  used  or  hereafter  to  be  used  in  and 
about  the  plant  or  plants  and  property  aforesaid,  and  all 
other  property,  real,  personal  and  mixed,  now  owned  or  here- 
after acquired  by  the  Company  together  with  all  and  singu- 
lar the  buildings,  improvements,  railroads,  tramways,  rolling 
stock,  easements,  rights,  privileges,  hereditaments  and  ap- 
purtenances whatsoever  unto  any  of  the  hereby  granted  and 
described  premises  and  estate  belonging  or  appertaining,  or 
to  belong  and  appertain,  and  the  reversions  and  remainders, 
rents,  issues,  profits  and  income  thereof,  and  of  the  business 
of  the  Company,  and  all  the  estate,  right,  title  and  interest, 
possession,  claim  and  demand  of  every  nature  and  kind 
whatsoever  of  the  Company,  as  well  at  law  as  in  equity  of,  in 
and  to  the  same,  and  every  part  and  parcel  thereof. 

Also  all  and  singular  the  tenements,  hereditaments, 
mines,  minerals,  power  plants,  tipples,  shafts,  pumps,  shops, 
dwellings  and  other  buildings,  structures,  machinery,  cars, 
locomotives  and  other  property,  appliances  and  equipment 
whatsoever  of  the  Company,  now  owned  or  hereafter  ac- 
quired by  it. 

Also  all  and  singular  the  reversions,  remainders,  rev- 
enues, rents,  issues  and  profits  of  the  property  hereby  mort- 
gaged, and  all  the  estate,  right,  title,  interest,  property,  pos- 
session, claim  and  demand  whatsoever,  as  well  in  law  as  in 
equity,  of  the  Company  of,  in  and  to  the  same,  and  each  and 
every  part  thereof,  with  the  appurtenances. 

To  have  and  to  hold  the  lands  and  other  property  here- 
by granted  and  conveyed  or  intended  to  be  granted  and 
conveyed  unto  Trustee,  its  successors  in  the  trust,  and  its 
and  their  assigns  forever; 

In  trust,  nevertheless,  under  and  subject  to  the  condi- 
tions hereinafter  set  forth,  for  the  common  and  equal  use, 
benefit  and  security  of  all  and  singular  the  person  or  per- 
sons, firm  or  firms  and  body  or  bodies  politic  or  corporate 


76 


who  shall  from  time  to  time  be  the  holders  of  the 
said  bonds,  or  the  coupons  appertaining  to  the  '-aid 
bonds,  executed  and  delivered  by  Company  and  authen- 
ticated by  Trustee  under  the  terms  hereof,  and  with- 
out preference  or  priority  of  any  of  said  bonds  over  any  of 
the  others  by  reason  of  priority  in  date  or  in  the  time  of 
issue,  sale  or  negotiation  thereof,  or  otherwise  howsoever, 
so  that  each  and  every  bond  issued  or  to  be  issued 
hereunder  shall  have  the  same  right,  lien  and  privilege 
under  and  by  virtue  of  this  Indenture,  and  so  that 
the  principal  and  interest  of  each  such  bond,  shall,  subject 
to  the  terms  hereof,  be  equally  and  proportionately  secured 
hereby  as  if  all  such  bonds  at  any  time  outstanding  had 
been  duly  issued,  sold  and  negotiated  simultaneously  with 
the  execution  and  delivery  of  this  indenture. 

And  it  is  hereby  covenanted  and  declared  that  all  said 
bonds  are  to  be  executed,  authenticated  and  delivered, 
and  the  mortgaged  and  pledged  property  and  premises 
are  to  be  held  and  disposed  of  by  Trustee,  subject  to 
the  further  covenants,  conditions,  uses  and  trusts  here- 
inafter set  forth;  and  for  the  benefit  of  the  respective 
holders  and  registered  owners  from  time  to  time  of  the 
said  bonds,  it  is  covenanted  between  the  parties  hereto  as 
follows,  viz: 


ARTICLE  I. 

Execution,  Certification  and  Issue  of  Bonds 

Section  1.  The  aggregate  amount  of  all  bonds  which 
may  be  issued  and  outstanding  under  this  indenture  shall 
not  exceed  Two  Million  Dollars  ($2,000,000)  and  said  bonds 
shall  be  in  substantially  the  form  and  of  the  tenor  and 
purport  above  recited,  with  the  supplemental  provisions 
herein  provided  for  and  they  shall  be  known  as  First  Mort- 
gage Sinking  Fund  Gold  Bonds. 

The  said  bonds  shall  be  of  such  designated  series,  of 
such  denominations  and  with  such  rates  of  interest  not  ex- 
ceeding seven  per  centum  (7%)  per  annum,  as  before  the 
issue  and  certification  thereof,  shall  be  determined  by  the 
Board  of  Directors  of  the  Company,  subject  to  the  provi- 
sions of  this  Indenture.  The  bonds  of  each  series  shall  be 
of  uniform  tenor  and  effect  except  as  the  principal  amount 
may  vary. 

The  initial  series  shall  be  known  as  Series  A,  and  the 


bonds  of  said  series  shall  bear  interest  at  the  rate  of  seven 
per  centum  (7%)  per  annum.  The  aggregate  principal 
amount  of  the  bonds  included  in  said  series  shall  not  ex- 
ceed one  million  one  hundred  thousand  dollars  ($1,100,000) . 

Section  2.  Upon  the  execution  and  delivery  of  this 
mortgage  and  without  awaiting  its  recording  said  One  mil- 
lion, one  hundred  thousand  dollars  ($1,100,000)  of  said  Series 
A bonds  shall  upon  their  execution  by  the  said  Company  be 
certified  and  delivered  by  the  Trustee  to  or  upon  the  order  or 
orders  in  writing  of  said  Company  signed  by  its  President 
and  Secretary  under  the  seal  of  the  Company,  and  the  re- 
ceipt of  the  said  officers  of  the  Company  for  such  bonds  so 
authenticated  shall  be  full  acquittance  and  discharge  to 
Trustee  from  all  liability  for  such  authentication  and  de- 
livery. 

The  remaining  Nine  hundred  thousand  dollars  ($900,- 
000)  of  said  bonds  shall  be  certified  and  delivered  only  as 
provided  in  Article  II  hereof. 

Section  3.  In  case  the  officers  who  shall  have  signed 
any  of  the  bonds  shall  cease  to  bel  such  officers  of  the 
Company  before  the  bonds  so  signed  shall  have  been  actu- 
ally authenticated  and  delivered  by  the  Trustee,  such  bonds 
may,  nevertheless,  be  adopted  by  they  Company  and  be 
issued,  authenticated  and  delivered,  as  though  the  persons 
who  signed  such  bonds  had  not  ceased  to  be  such  officers 
of  the  Company;  and  also  any  bonds  may  be  signed  on  be- 
half of  the  Company  by  such  persons  as  at  the  actual  time 
of  the  execution  of  such  bonds  shall  be  the  proper  officers 
of  the  Company,  although  at  the  date  of  such  bonds  such 
persons  may  not  have  been  such  officers  of  the  Company. 
The  coupons  to  be  attached  to  the  bonds  shall  be  authenti- 
cated by  the  fac-simile  signature  of  the  present  Treasurer 
or  of  any  future  Treasurer  of  the  Company,  and  the  Com- 
pany may  adopt  and  use  for  that  purpose  the  fac-simile 
signature  of  any  person  who  shall  have  been  such  Treasurer, 
notwithstanding  the  fact  that  he  may  have  ceased  to  be 
such  Treasurer  at  the  time  when  the  bonds  shall  be  actually 
authenticated  and  delivered. 

Section  4.  Only  such  bonds  as  shall  bear  thereon  en- 
dorsed a certificate,  substantially  in  the  form  hereinabove 
recited,  duly  executed  by  the  Trustee,  shall  be  secured  by 
this  mortgage,  or  shall  be  entitled  to  any  lien,  right  or 
benefit  hereunder,  or  be  valid  or  obligatory  for  any  purpose ; 
and  such  certificate  of  the  Trustee  upon  any  bond  executed 


78 


by  the  said  Company  shall  be  conclusive  evidence  that  the 
bond  so  certified  has  been  duly  issued  hereunder,  and  that 
the  holder  thereof  is  entitled  to  the  benefit  of  the  lien  here- 
by created. 

Section  5.  Until  the  definitive  bonds  to  be  issued  under 
and  secured  by  this  indenture  can  be  prepared,  the  said 
Company  may  sign  and  seal,  and  the  Trustee  shall  upon 
the  written  order  of  the  Company  certify  and  deliver  in 
lieu  of  such  definitive  bonds  and  subject  to  the  same  pro- 
visions, limitations  and  conditions,  temporary  printed  or 
typewritten  bond  or  bonds,  without  coupons,  substantially 
of  the  purport  of  the  bond  hereinbefore-  recited,  with  such 
changes  and  additions  as  the  Trustee  may  prescribe  or  ap- 
prove. Said  temporary  bond  or  bonds  shall  be  certified  by 
the  Trustee  and  delivered  in  like  manner  as  in  this  inden- 
ture provided  in  respect  of  definitive  bonds  hereby  secured. 
Upon  surrender  to  the  Trustee  of  such  temporary  bond  or 
bonds  the  said  Company  shall  issue,  at  its  own  expense 
and  the  Trustee  shall  certify  and  in  exchange  therefor 
deliver,  definitive  bonds  for  the  same  aggregate  principal 
sum  as  the  temporary  bond  or  bonds  surrendered,  with 
coupons  attached  for  interest  at  the  same  rate  from  the 
last  preceding  interest  period ; and  until  so  exchanged 
such  temporary  bond  or  bonds  shall  be  entitled  to  the  same 
security  and  right  as  definitive  bonds  certified  and  issued 
hereunder.  As  soon  as  the  definitive  bonds  are  ready  for 
delivery  in  exchange  for  temporary  bonds,  the  Company 
or  the  Trustee  may  insist  that  thereafter  interest  payable 
in  respect  of  any  temporary  bond  shall  be  paid  only  upon 
the  surrender  of  the  temporary  bond  in  exchange  for  a 
definitive  bond  and  upon  the  surrender  for  cancellation  of 
the  coupons  attached  to  such  definitive  bond  representing 
such  interest.  The  temporary  bonds  so  surrendered  to  the 
Trustee  shall  forthwith  be  cancelled  by  the  Trustee. 

Section  6.  In  case  any  bond  issued  hereunder,  with  the 
coupons  thereto  appertaining,  shall  become  mutilated,  or  be 
destroyed,  stolen  or  lost,  the  said  Company  may,  in  its  dis- 
cretion, execute,  and  thereupon  the  Trustee  may  certify  and 
deliver,  a new  bond  of  like  tenor  and  date,  in  exchange  and 
substitution  for  and  upon  cancellation  of  the  mutilated  bond 
and  its  coupons,  or  in  lieu  of  and  in  substitution  for  the 
bond  and  its  coupons  so  destroyed,  stolen,  or  lost,  upon  re- 
ceipt of  evidence  satisfactory  to  the  said  Company  and  to 
the  Trustee  of  the  destruction,  theft  or  loss  of  such  bond 


79 


and  its  coupons,  and  upon  receipt  also  of  indemnity  satis- 
factory to  each  of  them,  and  upon  compliance  with  such 
reasonable  terms  and  conditions  as  the  said  Company  and 
the  Trustee  may  prescribe  including  the  payment  of  all  ex- 
penses incurred  for  each  new  bond  issued  under  this  sec- 
tion. The  substituted  bond  shall  have  the  benefit  of  all  the 
security  and  rights  attached  to  the  original  bond  for  which 
it  is  substituted. 

Section  7.  Before  certifying  any  bond  the  Trustee 
shall  detach  and  cancel  all  matured  coupons. 

Section  8.  The  Company  shall  provide  a sufficient  re- 
gister or  registers  for  the  registration  of  the  principal  of 
such  of  the  bonds  hereby  secured  as  may  be  presented  for 
that  purpose,  which  said  register  or  registers  shall  be  kept 
at  the  principal  office  of  the  Trustee  in  the  City  of  New 
York,  the  Company  hereby  constituting  the  Trustee  its 
Registrar  and  Transfer  Agent  for  the  purpose  of  register- 
ing and  transferring  the  principal  of  the  bonds  secured  here- 
by. 

Upon  its  presentation  for  such  purpose  at  the  place 
where  such  register  or  registers  are  kept,  any  bond  issued 
hereunder  may  be  registered,  as  to  principal  only,  by  the 
Trustee,  and  a record  thereof  made  in  such  register  or  re- 
gisters, and  such  registration  shall  be  noted  on  the  bond 
so  registered. 

Thereafter,  the  person  in  whose  name  the  same  shall 
be  registered  shall,  for  all  purposes  of  this  indenture,  be 
deemed  and  be  regarded  as  the  owner  thereof,  and  there- 
after payment  of  or  on  account  of  the  principal  of  any 
such  bond  so  registered  shall  be  made  only  to  or  upon  the 
order  of  such  registered  holder  upon  presentation  and  sur- 
render of  such  bond.  All  such  payments  so  made  shall  be 
valid  and  effectual  to  satisfy  and  discharge  the  liability 
upon  any  such  bond  so  registered  to  the  extent  of  the 
sum  or  sums  so  paid.  Registration  of  any  bond  shall  not, 
however,  restrain  the  negotiability  of  any  coupon  thereto 
belonging,  but  any  such  coupon  shall  continue  to  pass  by 
delivery  and  shall  remain  payable  to  bearer. 

Upon  presentation  for  transfer  of  any  such  registered 
bond  at  the  said  place  where  said  register  or  registers  are 
kept,  bearing  a written  power  to  transfer  the  same,  exe- 
cuted by  such  registered  holder  in  a form  approved  by 
the  Company  and  by  the  Trustee,  and  with  signature  guar- 
anted  to  the  satisfaction  of  the  Trustee,  such  bond  shall  be 


80 


transferred  upon  such  register  or  registers.  The  registered 
holder  of  any  such  registered  bond  shall  also  have  the  right 
to  cause  the  same  to  be  registered  payable  to  bearer,  in 
which  case  transferability  by  delivery  shall  be  restored,  and 
thereafter  the  principal  of  such  bond  shall  be  payable  to  any 
person  presenting  the  same,  but  any  such  bond  registered  as 
payable  to  bearer,  may,  in  the  same  manner,  be  registered 
again  in  the  name  of  the  then  holder  with  the  same  effect  as 
the  first  registration  thereof.  Successive  registrations  and 
transfers  as  aforesaid  may  be  made  from  time  to  time  as 
desired,  and  each  registration  shall  be  noted  upon  the  bond 
by  the  Trustee  and  a record  thereof  kept  in  the  said  register 
or  registers  as  aforesaid. 

ARTICLE  II. 

Issuance  of  Additional  Bonds 

Section  1.  The  Nine  Hundred  Thousand  ($900,000) 
Dollars  additional  bonds  secured  by  this  Mortgage  shall  be 
certified  and  delivered  by  the  Trustee  and  issued  by  the 
Company  from  time  to  time  only  as  in  this  Article  II  pro- 
vided. 

Section  2.  (1)  The  remaining  Nine  Hundred  Thous- 

and Dollars  ($900,000)  face  value  of  said  bonds  which  shall 
not  have  matured  prior  to  the  date  of  application  for  the 
certification  and  delivery  thereof,  shall  hereafter  be  certified 
by  the  Trustee  when  and  as  required  from  time  to  time  to 
pay  for  the  construction  or  acquisition  of  additional  prop- 
erty, real  or  personal,  which  in  the  judgment  of  the 
Board  of  Directors  of  the  Company  shall  be  useful  or  neces- 
sary to  conduct,  maintain  or  extend  the  Company's  business, 
or  for  permanent  extensions,  improvements  and  better- 
ments of  and  to  the  property  now  owned  or  hereafter  ac- 
quired by  the  Company  and  subject  to  the  lien  of  this  mort- 
gage as  a first  lien. 

(2)  No  bonds  shall  be  certified  and  delivered  under  the 
provisions  of  this  section  2 to  an  amount  exceeding  in  face 
value  seventy  per  centum  (70%)  of  the  cash  cost  or  fair 
value,  whichever  is  the  lesser,  of  any  such  construction  or 
acquisition,  or  permanent  extensions,  improvements  or  bet- 
terments. The  Company  shall  not  include  as  the  basis  of 
the  issue  of  any  of  said  Nine  Hundred  Thousand  Dollars 
($900,000)  face  value  of  bonds,  any  expenditures  which 
under  the  ordinary  practice  of  lime  and  limestone  com- 


81 


parties,  are  properly  chargeable  to  operating  expense,  or 
maintenance  or  repair  account,  or  income  account  as  distin- 
guished from  capital  account ; nor  shall  the  Company  include 
as  the  basis  for  the  issue  of  any  bonds  hereunder,  any  re- 
newals or  replacements,  except  to  the  extent  to  which  the 
cost  thereof  exceeds  the  replacement  value  of  the  things 
renewed  or  replaced. 

Section  3.  Before  certifying  and  delivering  any  of  said 
Nine  Hundred  Thousand  Dollars  ($900,000)  face  value  of 
bonds  reserved  under  Section  2 of  this  Article  II,  there  shall 
be  delivered  to  the  Trustee : 

(1)  A copy  of  a resolution  of  the  Board  of  Directors 
of  the  Company,  certified  by  its  Secretary,  calling  for  the 
certification  and  delivery  of  such  bonds,  and  stating  gener- 
ally the  purpose  or  purposes  to  which  said  bonds,  or  their 
proceeds,  are  to  be  applied ; and  that  such  issue  of  bonds  is 
requested  under  the  provisions  of  Section  2 of  this  Article 
II.  iSaid  resolution  shall  define  the  series  of  the  bonds  and 
shall  set  forth  the  interest  rate  to  be  borne  by  the  bonds 
thereof,  the  date  of  such  bonds  and  the  denominations 
thereof. 

(2)  A sworn  statement  of  the  President  or  a Vice- 
President  of  the  Company: 

(a)  Setting  forth  the  items  of  the  property  construc- 
ted or  acquired,  or  of  the  permanent  extensions,  betterments 
or  improvements  made,  and  the  cost  and  the  fair  value  of 
such  items  respectively,  and  stating  that  said  cost  is  not  in 
excess  of  the  fair  value  thereof. 

(b)  Stating  that  said  bonds,  or  the  proceeds  thereof, 
are  to  be  used  to  reimburse  the  Company  for  disbursements 
made  for  such  purposes,  or  one  or  more  of  them,  or  to  enable 
it  to  satisfy  obligations  incurred  therefor. 

(c)  Stating  that  the  face  value  of  said  bonds  is  not  in 
excess  of  Seventy  per  cent.  (70%)  of  the  cash  cost  or  fair 
value,  whichever  is  the  lesser,  of  such  constructions,  ac- 
quisitions, extensions,  betterments  or  improvements. 

(d)  Stating  that  no  part  of  such  certified  expenditures 
or  obligations  has  been  included  in  any  previous  sworn  state- 
ment furnished  hereunder,  or  has  been  reimbursed  or  paid 
out  of  the  proceeds  of  any  bonds  issued  by  the  Company 
under  any  provisions  of  this  mortgage,  or  has  been  reim- 
bursed or  paid  out  of  the  proceeds  of  insurance  on  any  prop- 
erty covered  by  the  lien  of  this  mortgage,  or  out  of  the  pro- 
ceeds of  sales  of  property  released  from  the  lien  hereof,  or 
out  of  moneys  received  for  the  condemnation  of  property 


82 


covered  by  the  lien  hereof,  and  that  no  part  of  the  items  of 
expenditure  in  such  statement  has  been  or  should  be  included 
in  the  operating,  maintenance  or  repair  expense  incurred  by 
the  Company,  or  income  account  as  distinguished  from 
capital  account,  or  has  been  so  reported  in  any  report  there- 
tofore issued  by  the  Company,  and  that  no  part  of  such 
items  represents  renewals  or  replacements  except  to  the 
extent,  if  any,  to  which  the  cost  thereof  exceeds  the  re- 
placement value  of  the  things  renewed  or  replaced. 

(3)  A certificate  signed  by  an  engineer  selected  by  the 
Company  and  not  objected  to  by  the  Trustee,  who  may  be 
in  the  employ  of  the  Company,  stating  that  he  has  examined 
the  property  constructed  or  acquired,  or  the  permanent  ex- 
tensions, betterments  and  improvements  specified  in  said 
sworn  statement,  and  has  considered  the  same  in  relation 
to  the  business  of  the  Company,  and  that  in  his  judgment  the 
fair  value  of  said  property  constructed  or  acquired  or  per- 
manent extensions,  betterments  or  improvements  made  is  a 
certain  amount  stated,  and  that  said  amount  does  not  include, 
in  his  opinion,  any  items  of  operating,  maintenance  or  re- 
pair expense. 

(4)  An  opinion  signed  by  counsel,  not  objected  to  by 
the  Trustee,  who  may  be  counsel  for  the  Company,  stating 
that  the  Company  has  good  title  to  the  property  constructed 
or  acquired,  or  permanent  extensions,  betterments  or  im- 
provements made,  and  that  this  mortgage  or  a supplemental 
mortgage  executed  for  the  purpose,  is  a valid  first  lien  there- 
on, and  also  specifying  all  existing  easements,  restrictions 
or  reservations,  and  stating  that  in  his  judgment  such  ease- 
ments, restrictions  or  reservations  will  not  seriously  detract 
from  the  value  to  the  Company  of  such  constructions,  ac- 
quisitions, or  permanent  extensions,  betterments  or  im- 
provements. 

(5)  Bonds  shall  not  be  certified  under  this  Article 
II  unless  the  total  of  the  net  earnings  of  the  Company  for 
the  three  previous  fiscal  years  have  averaged  at  least  twice 
the  interest  charges  on  all  bonds  outstanding  hereunder  and 
those  proposed  to  be  issued.  The  net  earnings  of  the  Com- 
pany within  the  meaning  of  the  foregoing  provision  shall 
be  the  earnings  remaining  after  payment  of  all  operating 
costs,  maintenance  and  taxes,  but  before  the  deduction  of 
depletion  and  depreciation.  If  the  property  proposed  to  be 
acquired  is  a then  income  producing  property  the  net  in- 
come from  said  property  during  said  period  shall  be  included 
in  computing  said  net  earnings ; also  if  the  Company  within 


83 


said  period  of  three  years  has  acquired  income  producing 
property  so  as  to  subject  the  same  to  this  mortgage  as  a 
lien  thereon,  the  net  earnings  of  said  property  shall  likewise 
be  included  in  said  calculation  even  though  the  property 
may  not  have  been  owned  and  operated  by  the  Company 
during  said  entire  period.  A statement  of  said  net  earnings 
so  calculated  and  certified  as  correct  by  a Certified  Public 
Accountant  satisfactory  to  the  Trustee  shall  be  furnished 
to  the  Trustee  prior  to  the  certification  of  any  such  addi- 
tional bonds. 

The  Trustee,  in  its  discretion  and  at  the  expense  of  the 
Company,  may  make  any  further  and  proper  inquiry  or  in- 
vestigation as  to  cost  and  value,  or  as  to  any  facts  with  re- 
gard to  such  constructions,  acquisitions,  extensions,  better- 
ments or  improvements ; and  unless  satisfied  with  the  truth 
and  accuracy  of  the  information  furnished  on  behalf  of  the 
Company,  the  Trustee  shall  not  be  obliged  to  certify  and 
deliver  s*id  bonds ; but  the  Trustee  may  rely  upon  the  truth 
of  all  matters  set  forth  in  such  resolution,  sworn  statement, 
certificates  and  opinion,  and  the  same  shall  be  sufficient 
warrant  and  protection  to  the  Trustee  for  any  action  taken 
by  it  in  accordance  therewith. 

ARTICLE  III. 

Sinking  Fund  and  Redemption 

Section  1.  For  the  purpose  of  insuring  the  payment 
of  interest  upon  said  bonds  and  of  giving  additional  security 
to  the  payment  and  for  the  retirement  of  the  principal  of 
the  bonds  secured  hereby,  the  Company  covenants  that  it 
will  pay  to  the  Trustee  for  the  Sinking  Fund,  in  gold  coin 
of  the  standard  provided  for  in  the  bonds  secured  hereby, 
the  sums  hereinafter  set  out,  in  the  manner,  at  the  respec- 
tive dates  and  on  the  terms  and  conditions  following,  to 
wit: — 

(1)  At  the  time  of  the  execution  hereof,  a sum  equal 
to  three-sixths  of  the  interest  that  will  be  due  on  One  Million 
One  Hundred  Thousand  Dollars  ($1,100,000)  of  the  bonds 
on  October  1st,  1922,  and  thereafter,  on  the  25th  day  of  each 
month,  a sum  equal  to  one-sixth  of  the  interest  that  will 
be  due  on  the  outstanding  bonds  on  the  first  of  April  or 
October  next  succeeding. 

(2)  On  the  first  day  of  September,  1922,  and  on  the 
first  day  of  each  month  thereafter,  the  sum  of  Two  thous- 
and five  hundred  dollars  ($2500). 

(3)  On  the  first  day  of  August,  1923,  and  on  the  first 

84 


day  of  August  in  each  year  thereafter,  a sum  equal  to  three 
cents  (.03)  per  ton  for  each  ton  of  stone  mined  or  quarried 
by  the  Company  during  the  year  ending  with  the  preceding 
June  30,  less  the  sums  paid  during  said  year  under  (2) 
hereof. 

In  the  event  that  any  of  the  Nine  hundred  thousand 
dollars  ($900,000)  of  bonds  not  presently  issued  hereunder 
are  hereafter  issued  then  the  said  minimum  monthly 
payments  to  the  Sinking  Fund  under  (2)  hereof 
thereafter  shall  be  increased  proportionate  to  the 
total  amount  of  bonds  issued  and  then  outstanding  here^ 
under,  including  those  held  in  the  Sinking  Fund,  so  that 
the  entire  amount  of  bonds  issued  and  outstanding  here- 
under will  be  retired  through  the  operations  of  the  Sinking 
Fund  at  or  prior  to  maturity. 

In  the  event  that  any  of  the  bonds  secured  hereby  shall 
be  retired  by  the  Company  under  Section  5 of  this  Article, 
the  subsequent  minimum  monthly  payments  to  the  Sink- 
ing Fund  under  (2)  hereof,  shall  be  reduced  proportionate 
to  the  total  amount  of  bonds  so  retired. 

The  amounts  of  any  increase  or  reduction  in  the 
payments  to  the  Sinking  Fund  shall  be  calculated  by  a cer- 
tified public  accountant  selected  by  the  Company  with  the 
approval  of  the  Trustee,  and  the  Trustee  shall  be  fully  pro- 
tected in  relying  upon  such  calculation.  The  Company 
covenants  that  it  will  promptly  select  such  certified  public 
accountant  whenever  the  need  of  such  a calculation  arises. 

(4)  In  the  event  that  the  net  earnings  of  the  Company 
applicable  to  dividends  on  the  common  stock  of  the  Company 
in  any  fiscal  year  beginning  with  the  fiscal  year  ending 
December  31,  1923,  shall  amount  to  One  hundred  thousand 
dollars  ($100,000)  or  more,  then  the  Company  shall  pay  to 
the  Trustee  for  the  Sinking  Fund,  in  addition  to  all  other 
payments  required  by  this  Section,  a sum  equal  to  ten  per 
cent,  of  such  net  earnings  within  thirty  days  after  the 
close  of  such  fiscal  year. 

Within  thirty  days  after  the  close  of  each  fiscal  year 
of  the  Company,  the  Company  shall  render  to  the  Trustee 
a statement  of  its  net  earnings  for  the  preceding  fiscal  year 
applicable  to  dividends  on  the  common  stock  of  the  Company 
duly  verified  by  a certified  public  accountant  satisfactory  to 
the  Trustee,  and  also  by  a person  therein  stated  to  be  the 
chief  accounting  officer  of  the  Company. 

Section  2.  At  the  time  of  making  said  payments  under 
Section  1 (3)  hereof,  the  Company  shall  render  to  the  Trus- 


85 


tee  a detailed  statement  showing  the  amount  of  stone  mined 
or  quarried  during  the  12  months  ending  on  the  last  day 
of  June  preceding  the  date  fixed  for  such  payment,  which 
statement  shall  be  verified  by  the  affidavit  of  the  persons 
stated  in  such  affidavit  to  be  the  general  manager  and  the 
chief  accounting  officer  of  the  Company. 

The  Company  shall  at  all  times  keep  full,  accurate  and 
detailed  plans  and  mining  maps,  showing  accurately  the 
operations  of  the  Company  and  the  amount  of  stone  mined 
or  quarried  from  its  properties.  The  Trustee  may  by  its 
agent  or  agents,  thereunto  authorized  by  it,  inspect  and 
examine  at  any  time,  and  from  time  to  time,  the  mines, 
property,  books,  papers  and  records  of  the  Company,  for 
the  purpose  of  ascertaining  the  correctness  of  any  of  the 
statements  furnished  by  the  Company  to  the  Trustee  under 
the  terms  hereof,  and  full  and  free  access  shall  be  afforded 
by  the  Company  to  such  agent  or  agents  appointed  by  the 
Trustee  for  the  purpose  aforesaid.  The  Trustee,  however, 
shall  not  be  under  any  obligation  to  make  any  such  examin- 
ation, except  upon  the  written  request  of  the  holders  of  at 
least  twenty  per  centum  of  the  bonds  then  outstanding,  and 
upon  being  indemnified  to  its  satisfaction  against  the  ex- 
penses of  such  inspection  and  examination.  The  Company, 
however,  will  pay  all  reasonable  expenses  incurred  by  the 
Trustee  in  making  such  examinations  as  by  the  Trusteq 
may  be  deemed  necessary,  and  the  expenses  of  any  other  ex- 
aminations shall  be  paid  by  the  bondholders  requesting  such 
examinations. 

Section  3.  The  amounts  so  paid  into  the  Sinking  Fund 
and  received  by  the  Trustee  shall  be  applied  by  it  as  follows : 

(a)  Out  of  the  moneys  received  under  Section  1 (1} 
hereof  to  pay  the  interest  due  at  the  several  interest  dates 
on  the  outstanding  bonds  hereby  secured  upon  presentation 
of  the  proper  coupons  appertaining  thereto. 

(b)  On  and  after  the  tenth  day  of  February  and  be- 
fore the  first  day  of  March,  1923,  and  on  and  after  the 
tenth  day  of  August  and  before  the  first  day  of  September, 
1923,  and  semi-annually  thereafter,  the  Trustee  shall  give 
notice  by  publication  once  a week  for  two  successive  weeks 
in  at  least  one  daily  newspaper  published  in  each  of  the  fol- 
lowing places,  to  wit:  Altoona,  and  Philadelphia,  Pennsyl- 
vania, and  New  York,  New  York,  inviting  tenders  or  pro- 
posals for  bonds  to  be  surrendered  for  redemption  out  of 
the  Sinking  Fund  on  or  before  the  first  day  of  April,  or  Oc- 
tober thereafter.  Said  bonds  shall  be  purchased  and  re- 


86 


deemed  at  a price  not  exceeding  107%%  on  or  before  April 
1,  1927,  and  thereafter  at  a premium  of  % of  one  per  cent, 
less  than  the  said  price  of  107 1/2%  for  each  succeeding  twelve 
months  after  April  1,  1927.  Thereupon,  the  Trustee  shall 
redeem  out  of  the  moneys  in  the  Sinking  Fund  any  of  such 
bonds  so  tendered  upon  the  best  and  most  advantageous 
terms  at  which  the  same  may  be  obtained,  and  as  between 
bonds  tendered  on  the  same  terms  those  to  be  redeemed 
shall  be  determined  by  lot.  If  by  the  third  day  of  March  or 
September  of  any  year  the  amount  of  bonds  so  tendered  is 
insufficient  to  exhaust  the  funds  in  said  Sinking  Fund  and 
leaves  a sum  in  excess  of  One  thousand  dollars  ($1,000)  in 
said  Sinking  Fund  then  the  Trustee  shall  draw  by  lot  from 
the  bonds  secured  hereby  then  outstanding,  for  redemption 
upon  the  first  of  April  or  October  following,  at  the  premiums 
for  the  respective  periods  as  hereinbefore  provided,  such 
number  of  bonds  issued  hereunder  and  then  outstanding  as 
will,  together  with  the  bonds  if  any  already  tendered,  reduce 
the  moneys  then  in  said  Sinking  Fund  under  Section  1 (2) 
(3)  (4)  hereof  to  under  One  thousand  dollars  ($1,000). 

Section  4.  Promptly  after  said  drawing  and  prior  to 
the  first  day  of  the  succeeding  April  or  October,  as  the  case 
may  be,  the  Trustee  shall  give  notice  by  publication  once  a 
week  for  three  successive  weeks  in  at  least  one  daily  news- 
paper of  general  circulation  published  in  each  of  the  fol- 
lowing places,  to  wit,  the  City  of  Altoona  and  the  City  of 
Philadelphia  in  the  State  of  Pennsylvania,  and  the  City  of 
New  York  in  the  State  of  New  York,  specifying  the  distinc- 
tive numbers  and  series  of  the  bonds  so  called  for  redemption 
with  the  redemption  price  and  that  said  bonds  will  be 
due  on  the  day  specified  and  payable  at  the  office  of  the 
Trustee.  Such  notice  calling  the  bonds  for  redemption  shall 
state  that  the  bonds  are  to  be  purchased  and  redeemed  out 
of  the  moneys  in  the  Sinking  Fund.  No  bonds  purchased 
for  the  Sinking  Fund  as  hereinbefore  provided  shall  be 
cancelled,  but  they  shall  be  held  by  the  Trustee  stamped 
“Not  negotiable;  property  of  the  Sinking  Fund”,  and  all 
interest  accruing  thereon  shall  be  collected  by  said  Trustee 
and  applied  as  other  Sinking  Fund  moneys  paid  under  Sec- 
tion 1 (2)  (3)  and  (4)  hereof  are  applied.  All  costs, 
charges  and  expenses  incurred  by  the  said  Trustee  with 
reference  to  the  Sinking  Fund  shall  be  paid  by  the 
Company;  but  in  case  such  payment  be  not  made  on  de- 
mand the  sum  may  be  in  the  first  instance  paid  by  said 
Trustee  out  of  moneys  in  the  Sinking  Fund. 

Said  bonds  being  redeemable  hereunder  on  an  interest 

87 


date  and  the  coupons  payable  on  such  date  being  payable 
irrespective  of  the  production  of  the  bonds,  the  redemption 
price  as  advertised  shall  not  include  interest. 

The  Company  shall  have  the  right  to  purchase  bonds 
hereby  secured  in  the  open  market  and  offer  the  same  to 
the  Trustee  for  purchase  for  the  Sinking  Fund  in  competi- 
tion with  the  other  holders  of  such  bonds. 

Section  5.  All  or  any  of  the  bonds  hereby  secured  may, 
at  the  election  of  the  Company  be  redeemed  at  any  time  on 
or  before  April  1,  1927,  by  payment  of  one  hundred  and 
.seven  and  one-half  per  centum  of  the  par  value  thereof,  plus 
accrued  interest  and  thereafter  at  a premium  of  one-half 
(t/2)  of  one  (1)  per  centum  less  than  said  premium  of  seven 
and  one-half  (7V2)  per  centum  for  each  suceeding  twelve 
months  after  April  1,  1927  plus  accrued  interest  to  date  of 
redemption.  Whenever  the  Company  desires  to  redeem  bonds 
it  shall  give  notice  thereof  in  writing  to  the  Trustee  at  least 
sixty  (60)  days  before  such  redemption  date,  and  shall 
then  deposit  with  or  satisfactorily  secure  to  the  Trustee 
in  cash  the  amount  necessary  to  redeem  the  number  of 
bonds  desired  to  be  retired  plus  accrued  interest.  The 
Trustee  shall  thereupon  draw  by  lot  from  the  bonds  secured 
Ihereby  then  outstanding  (excluding  bonds  in  the  Sinking 
Fund),  the  specified  number  of  bonds  (unless  all  are  to 
be  redeemed)  and  give  notice  by  publication,  once  a week 
for  four  successive  weeks  in  one  daily  newspaper  published 
in  each  of  the  following  cities:  Altoona  and  Philadelphia, 
Pennsylvania,  and  New  York,  New  York,  specifying  the 
distinctive  numbers  of  bonds  so  drawn  for  redemption,  (un- 
less all  are  to  be  redeemed)  and  that  upon  the  date  desig- 
nated in  such  notice  the  bonds  therein  specified  will  be  due 
and  payable  at  the  respective  premiums  hereinbefore  pro- 
vided, as  the  case  may  be,  and  that  on  the  date  specified 
interest  will  cease  to  accrue. 

Section  6.  In  the  event  that  any  bonds  called  for  re- 
demption in  the  manner  hereinbefore  provided  in  Sections 
4 or  5 hereof  should  not  be  presented  to  the  Trustee  for 
redemption  on  the  date  specified  by  the  published  notice, 
the  Trustee  shall  retain  as  a special  fund  (upon  which  the 
Trustee  shall  be  obliged  to  pay  interest  only  at  the  current 
rate  at  the  time  allowed  by  it  upon  similar  deposits)  for 
that  purpose,  the  amounts  deposited  or  left  with  it  on  ac- 
count of  principal  and  interest  as  aforesaid,  as  the  case 
may  be,  for  the  redemption  of  such  of  the  bonds  described 
in  the  said  notice  as  have  not  been  presented  for  payment 


88 


as  aforesaid,  and  all  interest  on  such  bonds,  together  with 
all  liability  by  the  Company  to  the  holders  thereof  on  ac- 
count of  the  principal  and  interest  thereof,  shall  thereupon 
cease,  determine  and  be  completely  discharged  from  and 
after  the  date  so  fixed  for  redemption,  and  the  holders 
thereof  shall  thereafter  be  restricted  absolutely  to  said 
fund  for  any  claim  of  whatsoever  nature  on  their  part  under 
this  indenture  or  on  said  bonds  or  any  coupons  appertain- 
ing thereto.  All  bonds  redeemed  as  provided  in  Section  5 
of  this  Article,  shall  be  cancelled  by  the  Trustee  and  a 
certificate  of  such  cancellation  given  to  the  Company  and 
no  such  bonds  shall  be  reissued.  It  shall  be  the  duty  of 
the  Trustee,  in  the  event  that  all  of  the  outstanding  bonds 
shall  have  been  purchased  or  called  as  aforesaid  and  the  re- 
quisite deposit  of  cash  made  with  the  Trustee,  so  soon  as 
may  be  after  the  date  designated  in  such  call,  to  pay  over 
to  the  Company  any  other  balance  of  cash  pledged  here- 
under, and  to  satisfy  this  mortgage  as  provided  in  Article 
X hereof. 

ARTICLE  IV. 

Particular  Covenants  of  the  Company 

Section  1.  The  Company  covenants  to  and  with  the 
Trustee  duly  and  punctually  to  pay  or  cause  to  be  paid 
to  every  holder  of  any  bond  secured  hereunder,  the  prin- 
cipal and  interest  accruing  thereon,  at  the  date  and  place 
and  in  the  manner  mentioned  in  such  respective  bonds  or 
in  the  coupons  belonging  thereto,  according  to  the  true 
intent  and  meaning  thereof,  such  payment  to  be  made 
without  deduction  from  either  the  principal  or  interest 
for  or  on  account  of  the  four  mill  Pennsylvania  personal 
property  tax  and  also  of  the  normal  Federal  Income  Tax  to 
an  amount  not  to  exceed  two  per  cent,  deductible  at  the 
source,  which  the  Company  or  the  Trustee  may  be  re- 
quired or  permitted  to  pay  thereon  or  to  retain  therefrom  un- 
der or  by  reason  of  any  present  or  future  laws  of  the  United 
States  or  of  the  State  of  Pennsylvania,  the  Company  hereby 
agreeing  to  pay  such  tax  or  taxes,  in  so  far  as  it  may 
lawfully  do  so.  If  the  Company  or  the  Trustee  are  not 
required  or  permitted  to  pay  or  retain  such  tax  or  taxes, 
the  Company  shall  reimburse  to  the  holder,  or  if  registered, 
to  the  registered  owner  thereof,  any  and  all  taxes  (other 
than  succession  or  inheritance  taxes)  which  may  be  im- 
posed upon  said  bonds  or  upon  such  holder  or  registered 
owner  by  reason  of  his  ownership  thereof,  under  any  pres- 


80 


ent  or  future  law  of  the  /State  of  Pennsylvania,  or  of  any 
county,  municipality  or  taxing  authority  in  said  State,  but 
not  in  excess  of  four  mills  per  annum  on  each  dollar  of  the 
face  amount  of  said  bonds. 

The  interest  on  the  coupon  bonds  shall  be  payable  only 
upon  presentation  and  surrender  of  the  several  coupons 
for  such  interest  as  they  severally  mature.  The  principal 
of  the  bonds  shall  be  payable  only  on  presentation  and 
surrender  thereof. 

The  interest  coupons  appertaining  to  any  bond  which 
may  have  been  drawn  for  redemption  under  the  provisions 
of  Article  III  hereof,  falling  due  not  later  than  the  date 
for  which  such  bond  may  have  been  called  for  redemp- 
tion, shall  be  paid  irrespective  of  the  production  of  such 
called  bond ; but,  except  in  the  hands  of  the  Trustee  for  the 
Sinking  Fund,  no  interest  coupon  on  any  bond  so  drawn 
for  redemption,  falling  due  subsequent  to  such  call  date, 
shall  be  paid  after  the  bond  to  which  such  coupon  shall 
appertain  shall  be  so  drawn. 

Section  2.  Request  for  reimbursement  of  any  tax 
agreed  to  be  refunded  hereunder  shall  be  made  upon  forms 
obtainable  from  the  Company  stating  the  numbers  of 
said  bonds  and  setting  forth  the  fact  of  ownership  at  the 
date  when  such  tax  was  assessed  and  that  such  tax  was 
assessed  upon  and  paid  by  said  holder  as  a resident  of 
the  State  of  Pennsylvania,  owning  said  bond.  Such  re- 
quest shall  be  made  to  the  Company  in  writing  within 

the  period  of  sixty  (60)  days  from  the  date  of  each 

and  every  payment  of  such  tax  by  said  holder,  and 

the  Company  shall  not  be  liable  to  reimburse  said 

holder  for  any  tax  unless  such  request  be  made  within  such 
period,  and  it  shall  in  no  event  be  liable  to  reimburse  said 
holder  for  any  interest  or  penalty  assessed  upon  or  paid 
in  addition  to  the  amount  of  said  tax  as  originally  assessed. 

Section  3.  The  Company  covenants  to  pay  or  satis- 
factorily to  provide  for,  all  expenses,  including  counsel 
fees,  reasonably  incurred  or  disbursed  or  advances  reason- 
ably made  or  procured  by  the  Trustee  hereunder,  and 
reasonable  compensation  for  all  services  rendered  by  it  in 
the  execution  of  the  trusts  hereby  created.  The  Trustee 
shall  have  a lien  under  this  indenture  preferential  to  the 
bonds  hereby  secured,  upon  the  properties  mortgaged  here- 
under including  any  moneys  held  by  the  Trustee  under 
any  of  the  provisions  hereof,  to  secure  the  payment  of 
its  said  reasonable  costs,  charges,  expenses,  liabilities  and 
compensation. 


90 


Section  4.  The  Company  covenants  to  pay  or  cause  to 
be  paid  all  taxes  and  assessments  lawfully  levied  or  asses- 
sed upon  all  the  property,  rights,  franchises,  improvements, 
equipment,  materials  and  things  hereby  mortgaged  or 
pledged  or  intended  so  to  be,  or  upon  any  part  thereof,  when 
the  same  shall  become  lawfully  due  and  payable,  and  fur- 
ther covenants  that  it  will  not  suffer  any  mechanics', 
laborers’,  statutory  or  other  similar  liens  to  remain  out- 
standing upon  the  property  aforesaid  or  any  part  thereof, 
the  lien  whereof  might  or  could  be  held  to  be  prior  to 
the  lien  of  these  presents,  and  that  it  will  not  suffer  any 
other  matter  or  thing  whatsoever  whereby  the  lien  hereby 
created  might  be  impaired,  but  the  Company  shall  have 
the  right  to  contest  by  legal  proceedings  any  taxes,  assess- 
ments or  lien  or  liens,  not  hereby  created,  and  pending  such 
contests  may  delay  and  defer  payment  thereof. 

The  Company  further  covenants  that  this  indenture  is 
and  always  will  be  kept  a first  lien  upon  the  premises  and 
property  described  or  mentioned  in  the  granting  clauses 
hereof,  and  upon  renewals  and  replacements  thereof,  and 
will  be  kept  a first  lien  on  all  other  or  after  acquired  prop- 
erty covered  by  the  granting  clauses  hereof,  subject  only 
to  the  lien  of  any  encumbrances  or  of  deferred  installments 
of  the  purchase  price  to  which  any  such  after  acquired 
property  may  be  subject  as  and  when  acquired,  or  pur- 
chase money  mortgages  thereon,  which  the  Company  may 
give  therefor.  Subject  as  aforesaid,  the  Company  will  not 
voluntarily  create  or  suffer  to  be  created  any  lien  or  charge 
which  will  be  prior  to  the  lien  of  this  indenture  upon  the 
property  hereby  mortgaged  or  pledged,  or  any  part  thereof, 
or  upon  the  income  thereof. 

It  is  recognized  by  the  parties  hereto  that  in  large 
tracts  of  land  of  the  character  hereby  presently  conveyed 
to  the  Trustee  title  to  which  has  been  derived  from  vari- 
ous sources,  defects  of  title  may  exist  in  respect  to  small 
parcels  thereof  without  affecting  materially  the  value  of 
such  properties,  and  the  Company  hereby  covenants  that 
if  any  such  defects  exist  it  will  institute  all  such  proceed- 
ings in  law  or  in  equity  as  may  be  advised  by  its  counsel 
or  by  the  Trustee,  and  duly  prosecute  the  same  and  will 
diligently  defend  any  such  suits  or  proceedings  which  may 
be  instituted  by  others  involving  the  assertion  of  any  ad- 
verse claims  to  the  end  that  the  said  property  may  be 
freed  from  any  such  defects  or  adverse  claims  if  possible. 

Section  5.  Whenever  demanded  by  the  Trustee,  the 


91 


Company  shall  cause  to  be  done,  executed,  acknowledged 
and  delivered  every  such  further  acts,  deeds,  transfers 
and  assurances  for  the  better  assuring,  conveying  and  con- 
firming unto  the  Trustee  all  and  singular  the  property  des- 
cribed in  the  granting  clauses  hereof,  including  any  property 
which  may  hereafter  be  acquired  by  exchange  for  any  part 
of  the  mortgaged  premises  or  with  the  proceeds  thereof  or 
with  any  funds  received  on  account  of  insurance  thereon, 
as  reasonably  the  Trustee  shall  require  for  better  accom- 
plishing the  provisions  and  purposes  of  this  indenture, 
and  for  securing  payment  of  the  principal  and  interest  of  the 
bonds  intended  to  be  secured  hereby,  every  such  deed,  trans- 
fer or  assurance  being  intended  to  be,  and  being  supple- 
mental to  this  indenture  and  not  an  original  independent 
deed  or  transfer. 

Section  6.  The  Company  covenants  and  agrees  that  it 
will  not,  directly  or  indirectly,  extend  or  assent  to  the  ex- 
tension of  the  time  for  payment  of  any  coupon  upon  any 
of  the  bonds  secured  by  this  indenture,  and  that  it  will 
not,  directly,  or  indirectly,  be  a party  to  or  approve  any 
arrangement  therefor  by  purchasing  or  refunding  said  cou- 
pons in  any  other  manner.  In  case  the  payment  of  any 
such  coupon  should  be  so  extended  by,  or  with  the  con- 
sent of,  the  Company,  such  coupon  so  extended  shall  not 
be  entitled,  in  case  of  default  hereunder,  to  the  benefit  or 
security  of  this  indenture,  except  subject  to  the  prior  pay- 
ment in  full  of  the  principal  of  all  the  bonds  outstand- 
ing, and  of  all  interest  appertaining  thereto,  the  payment 
of  which  has  not  been  so  extended;  the  intention  of  this 
indenture  being  to  prevent  any  accumulation  of  unpaid 
coupons  after  maturity,  unless  the  payment  thereof  is 
postponed  as  set  forth  above. 

Section  7.  The  Company  covenants,  at  all  times  so 
long  as  any  of  the  bonds  secured  hereby  are  outstanding 
and  unpaid,  properly  to  maintain  all  the  works  owned  by 
it  as  well  as  the  property  at  any  time  subject  to  the  lien 
hereof  or  intended  so  to  be,  repairing,  renewing  and  re- 
placing the  same  as  may  be  necessary,  and  to  preserve 
the  franchises  and  rights  relative  thereto,  and  further  to 
keep  the  buildings,  machinery,  fixtures  and  appliances, 
now  or  hereafter  to  become  subject  hereto,  usually  insured 
by  such  companies,  insured  for  an  adequate  amount,  in 
and  by  responsible  companies,  against  loss  or  damage  by 
fire,  and  to  pay  all  premiums  upon  the  said  insurance 
policies.  Said  policies  of  insurance  shall  be  taken  in  the 


92 


name  of  the  Company  and  shall  contain  the  usual  mort- 
gagee clause  that  all  loss  thereunder  shall  be  payable  to 
the  Trustee,  as  its  interest  may  appear,  for  the  benefit  of 
the  several  holders  of  said  bonds. 

The  proceeds  of  any  such  insurance  shall  be  paid 
direct  to  the  Trustee,  and  shall  be  held  by  the  Trustee  as 
part  of  the  trust  estate  hereunder;  except  moneys  paid  on 
any  one  loss  in  amount  less  than  $1,000  which  may  be  re- 
tained by  the  Company  and  applied  in  the  replacement, 
repair  or  rebuilding  of  the  damaged  or  destroyed  property 
or  otherwise  for  the  benefit  of  the  mortgaged  premises; 
provided,  however,  in  the  event  of  property  damaged,  that 
upon  the  complete  restoration  by  the  Company  of  the  dam- 
aged or  destroyed  property,  the  Trustee  shall  pay  the  Com- 
pany, upon  being  requested  in  writing  so  to  do,  out  of  such 
proceeds,  such  part  thereof  as  shall  equal  the  actual  cost 
of  such  restoration  without  affecting  the  lien  of  this  mort- 
gage for  the  full  amount  secured  hereby  before  such  dam- 
age or  such  payment  took  place  and  the  written  request  of 
the  Company  signed  by  its  President  or  Vice-President  and 
by  its  Secretary  or  Treasurer  shall  be  full  and  sufficient 
warrant  to  the  Trustee  for  such  payment.  The  Trustee 
shall  not  be  liable  for  any  action  taken  or  suffered  by  it 
in  good  faith  in  reliance  upon  the  truth  of  the  statements 
set  forth  in  any  such  request  nor  for  the  exercise  of  any 
discretion  in  determining  the  form  thereof. 

If  no  such  request  shall  be  made  by  the  Company 
within  three  months  from  the  date  of  the  receipt  by  the 
Trustee  of  said  moneys,  then  the  same  shall  be  added  to 
the  Sinking  Fund  for  the  redemption  of  the  bonds  secured 
hereby  as  provided  in  Article  III,  Section  3,  hereof. 

If  the  proceeds  of  all  the  policies  of  insurance  upon 
property  damaged  or  destroyed  by  fire  which  the  advant- 
ageous prosecution  of  the  business  of  the  Company  shall 
require  to  be  repaired,  replaced  or  reconstructed  shall  be 
insufficient  for  the  proper  repair,  replacement  or  recon- 
struction thereof,  any  sum  in  addition  to  the  proceeds  of 
insurance  required  to  be  expended  to  effect  such  repair, 
replacement  or  reconstruction  shall  be  paid  by  the  Com- 
pany. 

In  case  at  any  time  the  insurance  on  the  premises 
hereby  mortgaged  shall  be  deemed  to  be  inadequate  by 
the  Trustee  or  by  the  holders  of  a majority  of  the  bonds 
secured  hereby,  it  shall  be  lawful  for  the  Trustee  to  effect 
additional  insurance  and,  on  written  request  of  the  hold- 


93 


ers  of  the  majority  of  the  outstanding  bonds  hereby  se- 
cured, the  Trustee  shall  effect  additional  insurance  on  said 
premises  to  such  amount  as  said  bondholders  may  in  said 
writing  request,  and  the  premiums  paid  in  effecting  the 
same  shall  be  a lien  on  the  mortgaged  property  and  shall 
be  forthwith  due  and  payable  by  the  Company  with  inter- 
est; but  the  Trustee  shall  not  be  under  any  obligation  to 
effect  such  insurance  unless  it  be  supplied  with  funds  suf- 
ficient for  that  purpose. 

Annually,  or  oftener  if  required  by  the  Trustee,  the 
Company  shall  furnish  the  Trustee  with  a schedule  of  all 
insurance  then  in  effect  indicating  such  changes  in  insur- 
ance as  may  have  taken  place  since  the  preceding  schedule, 
together  with  a certificate  from  the  Company  signed  by  its 
President  or  Vice-President  certifying  to  the  correctness 
of  the  schedule  and  that  the  insurances  thereon  are  ade- 
quate. 

Section  8.  The  Company  covenants  to  pay  all  the 
expenses  of  lithographing  the  bonds  secured  hereby,  and  of 
printing  these  presents  and  of  the  execution  of  such  in- 
struments as  may  be  required  hereby,  and  further  to  pay 
for  its  own  account,  such  lawful  disbursements  as  may  be 
incurred  in  the  execution  and  recording  of  this  indenture, 
and  of  any  subsequent  instruments  required  in  the  perform- 
ance of  the  covenants  and  conditions  hereof. 

Section  9.  The  said  Company  covenants,  until  the 
final  payment  of  the  principal  of  the  bonds  secured  hereby, 
to  keep  and  maintain  an  office  or  agency  on  the  mortgaged 
property  where  all  notices,  demands  or  legal  process  here- 
under may  be  served,  and  shall  notify  the  Trustee  in  writ- 
ing of  the  precise  location  of  said  office  or  agency.  If  the 
Company  shall  fail  to  keep  or  maintain  such  an  office  oi; 
agency,  or  shall  fail  to  so  notify  the  Trustee  of  the  location 
thereof,  then  the  said  notices,  demands  or  legal  process  may 
be  served  on  the  Company  at  the  office  of  the  Trustee. 

ARTICLE  V. 

Of  the  Premises  Mortgaged 

Section  1.  The  Company  shall  have  the  right  from 
time  to  time  to  convey,  free  from  the  incumbrances  and 
trusts  hereof,  any  parcel  or  parcels  of  the  real  estate 
covered  hereby,  which,  in  the  judgment  of  its  Board  of 
Directors,  shall  no  longer  be  useful  or  necessary  in  the 
proper  and  judicious  management  of  the  properties  hereby 

94 


mortgaged.  Such  sale  shall  be  made  only  upon  the  author- 
ity of  express  resolutions  of  said  Board  of  Directors,  au- 
thorizing and  directing  such  sale,  certifying  to  the  ade- 
quacy of  the  price,  describing  the  property,  and  stating 
that  such  property  is  in  the  opinion  of  said  Board  no 
longer  useful  or  necessary  in  the  proper  and  judicious  man- 
agement of  the  property  hereby  mortgaged,  and  requesting 
the  release  of  the  same  herefrom  by  the  Trustee;  all  the 
facts  set  forth  in  such  resolution  being  further  verified 
by  an  affidavit  by  the  President  or  Vice-President  of  the 
Company  to  the  truth  of  the  same ; provided,  however,  that 
if  the  consideration  to  be  received  in  any  single  sale,  con- 
veyance or  assignment  of  any  such  real  estate  shall  ex- 
ceed the  sum  of  Ten  thousand  dollars  ($10,000),  or  if  the 
area  of  the  property  to  be  conveyed  shall  exceed  one  hun- 
dred (100)  acres  there  shall  be  furnished  to  the  Trustee, 
in  addition  to  such  resolution  and  affidavit  a verified  cer- 
tificate from  an  engineer,  satisfactory  to  the  Trustee,  that 
the  consideration  to  be  received  for  the  real  estate  so  sold 
is  the  full  and  fair  value  of  such  real  estate  at  the  time  the 
same  is  to  be  sold,  conveyed  or  assigned  or  intended  so 
to  be  by  the  Company.  Upon  the  filing  of  a copy  of  such 
resolutions  certified  under  the  corporate  seal  of  the  Com- 
pany by  its  Secretary  or  Assistant  Secretary,  together  with 
such  affidavit,  and  such  engineer’s  certificate  where  re- 
quired as  above  provided,  the  Trustee  shall  release  from 
the  operation  and  lien  hereof  any  of  such  property  sold, 
and  such  copy  of  resolution,  such  affidavit,  and  such  certi- 
ficate where  required,  shall  be  the  sole  and  sufficient  au- 
thority to  the  Trustee  for  such  release. 

The  proceeds  of  all  property  sold  as  aforesaid  shall  be 
receivable  only  by  the  Trustee,  and  said  proceeds  shall  be 
applied  at  the  election  and  upon  the  order  or  demand  of 
the  Company,  as  follows: 

(a)  To  pay  not  to  exceed  seventy  per  cent.  (70%) 
of  the  cost  of  the  construction  or  acquisition  of  additional 
property  or  of  the  extension,  improvement  or  betterment 
of  property  covered  by  the  lien  of  this  mortgage  as  a first 
lien,  or  to  reimburse  the  Company  for  such  cost,  upon 
presentation  by  the  Company  of  a resolution  of  its  Board 
of  Directors  certified  by  its  Secretary  or  an  Assistant 
Secretary,  requesting  the  payment  to  it  of  such  proceeds 
and  specifying  the  nature  of  the  construction,  acquisition, 
extension,  improvement  or  betterment  actually  made,  as 
above  provided,  and  stating  the  actual  cost  and  fair  value 


thereof,  the  amount  of  said  proceeds  so  to  be  used  therefor, 
so  that  the  security  of  this  mortgage  shall  not  thereby  be 
diminished,  and  also  stating  that  no  part  of  such  cost  has 
been  reimbursed  or  paid  out  of  the  proceeds  of  any  bonds 
issued  by  the  Company  under  any  provision  of  this  mortgage, 
or  has  been  reimbursed  or  paid  out  of  the  proceeds  of  in- 
surance on  any  property  covered  by  the  lien  of  this  mort- 
gage or  out  of  the  proceeds  of  sale  of  any  other  property 
released  from  the  lien  hereof  or  out  of  moneys  received 
for  the  condemnation  of  property  covered  by  the  lien  here- 
of; or  else 

(b)  If  not  applied  in  accordance  with  the  foregoing 
sub-division  (a),  or  if  such  application  be  not  specifically 
designated  within  thirty  days  of  the  date  of  such  release, 
such  proceeds  shall  be  added  to  the  Sinking  Fund  for  the 
redemption  of  bonds  secured  hereby  as  provided  in  Article 
III,  Section  3 hereof. 

Section  2.  In  case  any  part  or  parts  of  the  property 
subject  hereto  or  any  interest  therein  shall  be  taken  under 
any  condemnation  or  eminent  domain  proceedings,  the  net 
proceeds  realized  therefrom  shall  be  paid  to  the  Trustee 
and  disposed  of  and  applied  in  the  same  manner  as  if  real- 
ized from  a voluntary  sale  and  release  of  such  property 
under  the  provisions  of  this  Article. 

Section  3.  The  Company  shall  have  the  further  right 
to  exchange  any  part  of  the  mortgaged  premises  for  a 
quantity  of  land  of  at  least  equal  value  not  subject  to  lien 
or  encumbrance  in,  on,  or  under  any  property  adjoining  or 
substantially  adjacent  to  any  of  the  mortgaged  premises. 
Such  exchange  shall  be  made  only  upon  the  authority  of 
express  resolutions  of  the  Board  of  Directors  of  the  Com- 
pany, authorizing  and  directing  such  exchange,  describ- 
ing the  property  exchanged  and  that  to  be  received  there- 
for and  certifying  that  the  property  to  be  received  is  of 
at  least  equal  value  to  the  Company  to  that  given  in  ex- 
change, that  it  is  not  subject  to  lien  or  encumbrance,  and 
that  it  is  in,  on  or  under  any  property  adjoining  or  sub- 
stantially adjacent  to  any  of  the  mortgaged  premises,  and 
on  the  filing  of  a certificate  to  the  same  effect  by  an  engineer 
satisfactory  to  the  Trustee  and  an  affidavit  by  the  Presi- 
dent or  Vice-President  of  the  Company  to  the  truth  of  all 
the  facts  stated  in  said  resolution.  On  receipt  of  a copy 
of  such  resolution,  certified  under  the  seal  of  the  Company 
by  the  Secretary'  or  Assistant  Secretary,  and  tof  such 
certificate  and  affidavit,  the  Trustee  shall  release  from  the 


96 


lien  hereof  the  property  so  to  be  given  in  exchange  and 
such  resolution,  certificate  and  affidavit  shall  be  the  sole  and 
sufficient  authority  to  the  Trustee  for  such  release.  On 
consummation  of  such  exchange  the  Company  shall  forth- 
with convey  or  cause  to  be  conveyed  to  the  Trustee  the  prop- 
erty so  received  in  exchange,  to  be  held  under  this  inden- 
ture with  the  same  force  and  effect  as  security  for  the 
bonds  hereunder,  as  if  now  included  herein. 

Section  4.  The  Trustee  is  hereby  authorized  to  per- 
form all  acts  necessary  to  carry  out  the  provisions  of  this 
Article.  The  Trustee  may  accept  the  respective  resolu- 
tions, affidavits  or  certificates  above  provided  as  conclusive 
evidence  of  the  facts  therein  stated  and  as  full  authority 
to  the  Trustee  in  the  premises.  In  favor  of  every  grantee 
of  the  Company  and  of  every  person  claiming  any  interest 
therein  by,  through  or  under  either  of  them,  every  release 
of  property  from  the  lien  of  this  indenture  by  the  Trustee 
under  the  provisions  hereof  shall  be  valid,  and  no  such 
purchaser  or  person  need  inquire  as  to  the  power  or  author- 
ity of  the  Trustee  to  give  any  such  release  or  be  under  any 
obligation  to  see  to  the  application  of  the  purchase  money. 

Section  5.  Nothing  contained  in  this  indenture  or  in 
any  bond  hereby  secured,  shall  prevent  the  Company  from 
entering  into  any  lawful  consolidation  or  merger  with,  or 
any  lease  to,  any  other  corporation  or  corporations,  or  any 
conveyance  or  transfer  (subject  to  the  continuing  lien  of 
this  indenture  and  to  all  the  provisions  thereof),  of  all 
the  mortgaged  estates,  property  and  franchises  as  an  en- 
tirety, to  a corporation  at  that  time  existing  under  and  by 
virtue  of  the  laws  of  the  United  States  or  any  State  thereof, 
and  lawfully  entitled  to  acquire  the  said  estate,  property 
and  franchises,  provided,  however,  that  such  consolidation, 
merger,  lease  or  sale  shall  not  impair  the  lien  and  security 
of  this  indenture,  or  any  of  the  rights  or  powers  of  the 
Trustee,  or  of  the  bondholders  hereunder,  and  that,  upon 
any  such  consolidation,  merger,  lease  or  sale,  the  due  and 
punctual  payment  of  the  principal  and  interest  of  all  said 
bonds  according  to  their  tenor,  and  the  due  and  punctual 
performance  and  observance  of  all  of  the  covenants  and 
conditions  of  this  indenture,  shall  be  expressly  assumed 
by  any  corporation  formed  by  such  consolidation  or  merger, 
or  leasing  or  purchasing  as  aforesaid. 

In  case  the  Company  shall  be  consolidated  or  merged 
as  aforesaid  with  any  other  corporation,  or  shall  lease,  sell, 
convey  and  transfer,  subject  to  this  indenture,  all  the 


97 


mortgaged  estates,  property  and  franchises,  as  an  entirety 
as  aforesaid,  every  successor  corporation  formed  by  such 
consolidation  or  into  which  the  Company  shall  have  been 
merged,  or  which  shall  have  purchased  and  received  any 
lease,  conveyance  and  transfer  as  aforesaid,  upon  executing 
and  causing  to  be  recorded  an  indenture  to  the  Trustee, 
satisfactory  to  the  Trustee,  whereby  such  successor  cor- 
poration shall  assume  the  due  and  punctual  payment  of  the 
principal  and  interest  of  the  bonds  hereby  secured  and  the 
performance  of  all  the  covenants  and  conditions  of  this  in- 
denture, shall  succeed  to,  and  be  substituted  for  the  Com- 
pany, with  the  same  effect  as  if  it  had  been  named  herein 
as  party  of  the  first  part  hereto,  and,  subject  to  all  the 
terms,  conditions  and  restrictions  herein  prescribed,  the 
Trustee  shall  certify  and  deliver  any  of  such  bonds  upon 
the  order  of  such  successor  corporation;  but  the  Company 
shall  not  be  released  from  its  continuing  liability  except  with 
the  consent  in  writing  of  the  holders  of  all  the  then  out- 
standing bonds  hereby  secured.  All  bonds  so  issued  shall 
in  all  respects  have  the  same  legal  rank  and  security  as 
the  bonds  issued  in  accordance  with  the  terms  of  this  in- 
denture, as  thought  all  of  said  bonds  had  been  issued  at 
the  date  of  the  execution  hereof. 

ARTICLE  VI. 

Remedies  of  Trustee  and  Bondholders 

Section  1.  No  coupon  belonging  to  any  bond  hereby 
secured,  which  in  any  way,  at  or  after  maturity,  shall 
have  been  transferred  or  pledged  separate  and  apart  from 
the  bond  to  which  it  relates,  shall,  unless  accompanied  by 
such  bond,  be  entitled,  on  distribution  of  the  proceeds  of 
a sale  of  the  mortgaged  premises  hereunder,  to  any  benefit 
of  or  from  this  indenture,  except  after  the  prior  payment 
in  full  of  the  principal  of  the  bonds  secured  hereby,  and  of 
all  coupons  and  interest  obligations  not  so  transferred  or 
pledged. 

Section  2.  In  case  default  shall  be  made  in  the  pay- 
ment of  any  interest  on  any  of  the  said  bonds,  or  of  any 
sum  payable  to  the  Trustee  for  the  Sinking  Fund  under 
the  provisions  of  Article  III,  Section  1,  hereof,  and  any 
such  default  shall  have  continued  for  a period  of  sixty 
days,  then  and  in  every  case  of  such  continuing  default, 
the  Trustee  may,  and  upon  the  written  request  of  the  hold- 
ers of  a majority  in  amount  of  the  bonds  then  outstanding 


98 


shall,  by  notice  in  writing  delivered  to  the  Company,  de- 
clare the  principal  of  all  bonds  then  outstanding  to  be  due 
and  payable  immediately,  and  upon  any  such  declaration 
the  same  shall  become  and  be  immediately  due  and  payable, 
anything  in  this  indenture  or  in  said  bonds  contained  to 
the  contrary  notwithstanding.  This  provision,  however, 
is  subject  to  the  condition  that  if,  at  any  time  after  the 
principal  of  said  bonds  shall  have  been  so  declared  due  and 
payable,  all  arrears  of  interest  upon  all  such  bonds, 
with  interest  at  the  rate  of  seven  per  centum  per  annum  on 
overdue  installments  of  interest,  the  expenses  of  the  Trus- 
tee and  all  other  amounts  in  respect  to  which  the  Company 
shall  then  be  in  default  under  this  indenture,  other  than 
the  principal  of  the  bonds,  shall  be  paid  by  the  Company  be- 
fore any  sale  of  the  property  mortgaged  or  pledged  here- 
under shall  have  been  made,  then  and  in  every  such  case,  the 
holders  of  a majority  in  amount  of  the  bonds  then  out- 
standing, by  written  notice  to  the  Company,  and  to  the 
Trustee,  may  waive  such  default  and  its  consequences ; but 
no.  such  waiver  shall  extend  to  or  affect  any  subsequent  de- 
fault or  impair  any  right  consequent  thereon. 

Section  3.  In  case  (1)  default  shall  be  made  in  the  due 
and  punctual  payment  of  any  interest  accruing  upon  any 
one  or  more  of  the  bonds  hereby  secured,  or  intended  so  to 
be,  according  to  the  terms  thereof,  when  the  same  shall  be- 
come due,  or  in  any  sum  payable  to  the  Trustee  for  the  Sink- 
ing Fund  under  the  provisions  of  Article  III,  Section  1 hereof 
or  (2)  default  shall  be  made  in  the  due  and  punctual  pay- 
ment of  the  principal  of  one  or  more  of  the  said  bonds  at 
maturity  or  if  (3)  default  shall  be  made  by  the  Company  in 
the  due  observance  or  performance  of  any  other  covenant 
or  condition  herein  required  to  be  kept  or  performed  by 
the  Company,  and  such  last  mentioned  default  shall  continue 
for  a period  of  sixty  days  after  written  notice  thereof  to 
the  Company  from  the  Trustee  or  from  the  holders  of 
twenty-five  per  centum  (25%)  in  amount  of  the  bonds  se- 
cured hereby,  then  and  in  every  such  case  the  Company, 
upon  demand  of  the  Trustee,  shall  and  will  forthwith  sur- 
render to  the  Trustee  actual  possession  of  the  hereby  mort- 
gaged premises,  and  the  Trustee  shall  thereupon  be  entitled 
forthwith,  with  or  without  process  of  law,  to  enter  into  and 
upon,  and  take  and  assume  possession  of  all  and  singular 
the  property  hereby  mortgaged,  or  intended  so  to  be,  and 
each  and  every  part  thereof,  with  all  records,  books,  papers 
and  accounts  of  the  Company  relating  thereto  and  to  ex- 


99 


elude  the  Company  and  its  agents  and  servants  wholly  there- 
from, and  shall  have,  hold  and  use  the  same,  controlling, 
managing  and  operating  by  its  superintendents,  managers, 
receivers,  servants,  or  other  agents,  or  attorneys,  the  said 
property,  with  the  appurtenances,  and  conducting  the  busi- 
ness and  operation  thereof,  and  exercising  the  franchises 
appertaining  thereto  and  making  from  time  to  time,  at  the 
expense  of  the  trust  estate,  all  repairs  and  replacements, 
and  such  useful  additions,  alterations  and  improvements 
thereon  and  thereto  as  the  said  Trustee  may  deem  best,  and 
may  collect  and  receive  all  income,  rents,  issues,  profits,  in- 
terest or  dividends  from  the  mortgaged  premises  or  on  ac- 
count of  any  lease  of  the  same  or  any  part  thereof, 
and  after  deducting  the  cost  of  all  repairs,  replace- 
ments, additions,  alterations  and  improvements  so  made,  and 
all  payments  made  for  taxes  and  assessments,  and  other 
proper  charges  upon  said  property  or  any  part  thereof, 
and  as  well  just  compensation  for  the  services  of  the  Trus- 
tee, its  agents,  clerks  and  attorneys,  shall  apply  the  remain- 
der of  the  moneys  so  received  by  it  as  follows : 

In  case  the  principal  of  the  bonds  hereby  secured 
shall  not  have  become  due,  by  declaration  or  otherwise, 
to  the  payment  (a)  of  the  interest  in  default  in  the 
order  of  the  maturity  of  the  installments  of  such  in- 
terest, with  interest  thereon  at  the  same  rate  as  is 
borne  by  the  respective  bonds,  such  payments  to  be 
made  ratably  to  the  persons  entitled  thereto  without 
discrimination  or  preference;  (b)  of  any  surplus  re- 
maining to  the  Company; 

In  case  the  principal  of  any  of  the  bonds  hereby  se- 
cured shall  have  become  due,  by  declaration  or  other- 
wise, to  the  payment  (a)  of  the  interest  in  default, 
with  interest  on  the  overdue  installments  thereof  at 
the  same  rate  as  is  borne  by  the  respective  bonds  in  the 
order  of  the  maturity  of  the  installments;  (b)  of  the 
principal  of  any  or  all  bonds  hereby  secured  so  due,  in 
every  instance  such  payments  to  be  made  ratably  to 
the  persons  entitled  to  such  payments  without  any  dis- 
crimination or  preference;  and  (c)  of  any  surplus  re- 
maining to  the  Company. 

Section  4.  In  case  (1)  default  shall  be  made  in  the 
payment  of  any  interest  on  any  bond  at  any  time  issued 
under  and  secured  by  this  indenture,  or  of  any  sum  payable 
to  the  Trustee  for  the  Sinking  Fund  under  the  provisions 

100 


of  Article  III,  Section  1,  hereof,  and  any  such  default  shall 
continue  for  a period  of  sixty  days,  or  (2)  default  shall 
be  made  in  the  due  and  punctual  payment  of  the  principal 
of  any  bond  hereby  secured,  or  in  case  (3)  default  shall 
be  made  in  the  due  observance  or  performance  of  any  other 
covenant  or  condition  hereunder  required  to  be  kept  or  per- 
formed by  the  Company,  and  any  such  last  mentioned  de- 
fault shall  continue  for  a period  of  sixty  days  after  written 
notice  thereof  from  the  Trustee  or  from  the  holders  of 
twenty-five  per  centum  (25%)  in  amount  of  the  bonds  here- 
by secured;  then,  and  in  each  and  every  such  case,  the 
Trustee,  in  its  discretion,  personally  or  by  attorney  (a) 
may  proceed  to  sell  at  public  auction,  in  whole  or  in  parcels, 
from  time  to  time,  as  shall  be  deemed  by  it  most  advantag- 
eous, unto  the  highest  bidder,  all  and  singular  the  prop- 
erty real,  personal  and  mixed,  rights,  rights  of  action, 
privileges  and  franchises  hereby  mortgaged  or  intended 
so  to  be,  that  shall  then  be  subject  to  the  lien,  oper- 
ation, and  effect  of  this  indenture,  with  the  appurtenances 
thereof,  and  all  benefit  and  equity  of  redemption  of  the 
Company,  its  successors  or  assigns,  therein  or  (b)  may 
proceed  to  protect  and  enforce  its  rights  and  the  rights  of 
bondholders  under  this  indenture,  by  a suit  or  suits  in  equity 
or  at  law,  whether  for  the  specific  performance  of  any  cov- 
enant or  agreement  contained  herein,  or  in  aid  of  the  exe- 
cution of  any  power  herein  granted,  or  for  the  enforcement 
of  any  other  appropriate  legal  or  equitable  remedy,  as  the 
Trustee,  being  advised  by  counsel  learned  in  the  law,  shall 
deem  most  expedient  to  protect  and  enforce  any  of  its  rights 
and  duties  hereunder. 

Section  5.  Upon  the  written  request  of  the  holders  of 
twenty-five  per  centum  (25%)  in  amount  of  the  bonds 
hereby  secured,  in  case  of  any  such  continuing  default,  it 
shall  be  the  duty  of  the  Trustee,  upon  being  indemnified, 
as  hereinafter  provided,  to  take  all  steps  needful  for  the 
protection  and  enforcement  of  its  rights  and  the  rights  of 
the  holders  of  the  bonds  hereby  secured,  and  to  exercise 
the  power  of  sale  herein  conferred,  or  to  take  appropriate 
judicial  proceedings  by  action,  suit,  or  otherwise,  as  the 
Trustee,  being  advised  by  counsel  learned  in  the  law, 
shall  deem  most  expedient  in  the  interests  of  the  holders 
of  the  bonds  hereby  secured;  but  anything  in  this  in- 
denture to  the  contrary  notwithstanding,  the  holders  of 
sixty  per  centum  (60%)  in  amount  of  the  bonds  hereby 
secured  and  then  outstanding  from  time  to  time,  shall 


101 


have  the  right  to  direct  and  control  the  method  and 
place  of  conducting  any  and  all  proceedings  for  any  sale 
of  the  properties  hereby  mortgaged  or  pledged  (including 
the  designation  of  the  parcels  or  lots  in  which  the  mort- 
gaged or  pledged  properties  shall  be  offered  for  sale),  or 
for  the  appointment  of  a receiver  or  any  other  proceedings 
hereunder. 

Section  6.  The  principal  of  the  bonds  secured  hereby 
having  become  due  at  maturity,  or  as  in  this  article  pro- 
vided, the  Trustee  may  foreclose  this  indenture  by  bill  in 
equity  or  forthwith  sue  out  a writ  or  writs  of  scire  facias 
upon  this  indenture  with  the  same  force  and  effect  as 
though  the  whole  amount  of  principal  and  interest  secured 
hereby  had  been  due  for  a year  and  a day,  and  proceed 
thereon  to  judgment,  and  after  judgment,  proceed  to  sell 
the  mortgaged  premises,  or  such  parts  thereof  as  may 
then  be  subject  to  this  mortgage,  for  the  recovery  of  said 
debt  and  all  interest  accrued  and  unpaid,  without  further 
stay,  any  law,  usage  or  custom  to  the  contrary  not- 
withstanding. 

Section  7.  Notice  of  any  sale  pursuant  to  any  pro- 
vision of  this  indenture  shall  state  the  time  and  place 
when  and  where  the  same  is  to  be  made,  and  shall  contain  a 
brief  general  description  of  the  property  and  securities 
to  be  sold  and  shall  be  sufficiently  given  if  published 
once  in  each  week  for  six  successive  weeks  prior  to 
such  sale,  in  at  least  one  newspaper  of  general  circula- 
tion published  in  each  of  the  following  places:  Altoona  and 
Philadelphia,  State  of  Pennsylvania,  and  New  York,  New 
York. 

Section  8.  The  Trustee  may  from  time  to  time  adjourn 
any  sale  to  be  made  by  it  under  any  provision  of  this  in- 
denture, by  announcement  at  the  time  and  place  ap- 
pointed for  such  sale,  or  for  such  adjourned  sale  or  sales; 
and,  without  further  notice  or  publication,  it  may  make 
such  sale  at  the  time  and  place  to  which  the  same  shall 
be  so  adjourned. 

Section  9.  In  case  of  any  sale  of  the  properties  or 
franchises  hereby  mortgaged  or  pledged,  whether  made 
under  the  powers  herein  given,  or  any  of  them,  or 
under  judicial  authority,  the  purchaser  may  make  pay- 
ment of  the  amount  of  his  bid,  or  any  part  thereof  in 
excess  of  the  cash  required  for  the  discharge  of  any  liens 
prior  to  the  lien  of  this  mortgage,  and  for  the  payment  of 
all  costs,  charges,  fees  and  expenses,  by  receipting  for 

102 


the  moneys,  to  which,  as  holder  of  the  bonds  and  coupons 
secured  hereby,  he  may  be  entitled  out  of  the  proceeds 
of  sale. 

Section  10.  Upon  the  completion  of  any  sale  or  sales 
under  this  indenture,  the  Trustee  shall  have  the  right  to 
convey,  assign,  transfer  and  deliver  the  properties 
sold  to  the  accepted  purchaser  or  purchasers,  and  the 
Trustee  and  its  successors  are  hereby  appointed  the  true 
and  lawful  attorney  or  attorneys,  irrevocable,  of  the 
Company,  in  its  name  and  stead,  to  make  all  necessary 
conveyances  and  transfers  in  pursuance  of  such  sale 
or  sales;  and,  for  that  purpose,  it  and  they  may  ex- 
ecute all  necessary  acts  of  conveyance,  assignment, 
and  transfer,  the  Company  hereby  ratifying  and  confirm- 
ing all  that  its  said  attorney  or  attorneys  shall  lawfully 
do  by  virtue  hereof.  The  Company  shall  and  will,  if  and 
when  thereunto  requested,  execute  and  deliver  such  deeds 
and  other  instruments  as  may  be  required  to  confirm 
and  assure  such  title  and  ownership  in  and  to  such  pur- 
chaser or  purchasers. 

Any  such  sale  or  sales  made  under  or  by  virtue  of  the 
powers  conferred  by  this  indenture,  whether  under  the 
power  of  sale  hereby  granted  and  conferred,  or  under  or 
by  virtue  of  judicial  proceedings,  shall  operate  to  divest 
all  right,  title,  interest,  claim  and  demand  whatsoever, 
either  at  law  or  in  equity,  of  the  Company,  in  and  to 
the  properties  sold,  and  shall  be  a perpetual  bar  both  at 
law  and  in  equity,  against  the  Company,  its  successors  and 
assigns,  and  against  any  and  all  persons  claiming  or  to  claim 
the  properties  sold,  or  any  part  thereof,  from,  through  or 
under  the  Company,  its  successors  or  assigns. 

Section  11.  The  receipt  of  the  Trustee  shall  be  a suffi- 
cient discharge  to  any  purchaser  of  the  properties 
or  any  part  thereof,  sold  as  aforesaid,  for  the  pur- 
chase money,  and  no  such  purchaser  or  his  represen- 
tatives, grantees  or  assigns,  after  paying  such  purchase 
money  and  receiving  such  receipt,  shall  be  bound  to  see 
to  the  application  of  the  purchase  money  upon  or  for  any 
trust  or  purpose  of  this  indenture,  or  in  any  manner 
whatsoever  be  answerable  for  any  loss,  misapplication 
or  non-application  of  any  such  purchase  money,  or  any 
part  thereof,  or  be  bound  to  inquire  as  to  the  authori- 
zation, necessity,  expediency  or  regularity  of  any  such 
sales. 

Section  12.  The  Company  hereby  irrevocably  waives 


103 


all  benefit  of  any  present  or  future  valuation,  stay,  exten- 
sion or  redemption  laws,  and  hereby  irrevocably  waives  all 
right  to  have  the  mortgaged  properties,  or  any  part  thereof, 
marshalled  upon  any  sale  thereof,  and  consents  that  all  of 
the  properties  mortgaged  and  pledged  hereunder  may  be 
sold  as  a whole  or  in  such  parts  as  may  be  most  advantage- 
ous to  the  holders  of  bonds  secured  hereby. 

Section  13.  In  case  of  any  such  sale  as  aforesaid,  the 
principal  of  all  the  bonds  secured  hereby,  if  not  previously 
due,  shall  immediately  thereupon  become  and  be  due  and 
payable,  anything  in  said  bonds  or  in  this  indenture  con- 
tained to  the  contrary  notwithstanding. 

Section  14.  The  purchase  money,  proceeds  and  avails 
of  any  such  sale,  together  with  any  other  sums  which  then 
may  be  held  by  the  Trustee  as  part  of  the  trust  estate,  shall 
be  applied  as  follows: — 

First. — To  the  payment  of  the  costs  and  expenses  of 
such  sale,  including  reasonable  compensation  to  the  Trustee, 
its  agents,  attorneys  and  counsel,  and  of  all  expenses,  lia- 
bilities and  advances  made  or  incurred  by  the  Trustee  in 
the  execution  of  this  trust,  and  to  the  payment  of  all  taxes, 
assessments  or  liens  on  the  property  mortgaged  or  pledged 
hereunder,  prior  to  the  lien  of  these  presents,  except  any 
taxes,  assessments  or  other  superior  liens  subject  to  which 
such  sale  may  be  made. 

Second. — To  the  payment  of  the  whole  amount  then 
owing  or  unpaid  upon  the  said  bonds  for  principal  and  in- 
terest, with  interest  at  the  same  rate  as  is  borne  by  the 
respective  bonds  on  overdue  installments  of  interest,  and  in 
case  such  proceeds  shall  be  insufficient  to  pay  in  full  the 
whole  amount  so  due  and  unpaid  upon  the  said  bonds,  then 
to  the  payment  of  such  principal  and  interest,  without  pref- 
erence or  priority  of  principal  over  interest,  or  of  interest 
over  principal,  or  of  any  installment  of  interest  over  any 
other  installment  of  interest,  ratably  to  the  aggregate  of 
such  principal  and  the  accrued  and  unpaid  interest,  sub- 
ject, however,  to  the  provisions  of  Section  6 of  Article  IV 
hereof  relating  to  the  extension  of  time  of  payment  of  cou- 
pons and  to  the  provisions  of  Section  1 of  this  Article  relat- 
ing to  detached  coupons. 

Third.— To  the  payment  of  the  surplus,  if  any,  to  the 
Company,  its  successors  or  assigns,  or  to  whosoever  may 
be  lawfully  entitled  to  receive  the  same. 

Section  15.  Upon  the  commencement  of  any  proceed- 


104 


ings  to  enforce  the  rights  of  the  Trustee  or  of  the  bond- 
holders hereunder,  the  Trustee  shall  be  entitled  to  the  ap- 
pointment, by  any  court  of  competent  jurisdiction,  of  a 
receiver  or  receivers  of  the  whole  or  any  part  of  the  prop- 
erty hereby  mortgaged  and  pledged,  and  of  the  earnings,  in- 
come, rents,  issues  and  profits  thereof,  pending  the  result 
of  such  proceedings,  with  such  power  to  such  receiver  or 
receivers,  as  the  Court  making  any  such  appointment  may 
confer. 

Section  16.  The  foregoing  powers  of  entry  and  of  sale 
and  remedies  are  cumulative  to  all  other  remedies,  suits, 
actions  and  proceedings  for  the  protection  and  security  of 
the  several  owners  of  the  bonds  entitled  to  the  security  of 
and  under  this  indenture;  and  the  Trustee,  in  case  of  any 
default,  as  hereinbefore  mentioned,  or  upon  or  after  any 
other  act  done  or  omitted  to  the  injury  of  the  bond-holders 
intended  to  be  secured  hereby,  or  which  impairs  or  jeopard- 
izes the  security  expressed  and  intended  to  be  afforded  by 
these  presents,  may,  in  its  discretion,  pursue  any  other 
remedy  and  institute  any  other  suit,  action  or  proceedings 
to  effect  the  protection  and  security  so  hereby  sought  to 
be  afforded. 

Section  17.  The  Company  covenants  that  (1)  in  case 
default  shall  be  made  at  any  time  in  the  payment  of  any  in- 
terest on  any  of  said  bonds,  or  of  any  sum  payable  to  the 
Trustee  for  the  Sinking  Fund  under*  the  provisions  of 
Article  III,  Section  1,  hereof  and  such  default  shall  have 
continued  for  a period  of  sixty  days,  or  (2)  in  case  default 
shall  be  made  in  the  payment  of  the  principal  of  any  of  such 
bonds,  when  the  same  shall  become  payable,  whether  at 
the  maturity  of  said  bonds,  or  by  declaration  as  author- 
ized by  this  indenture,  as  hereinbefore  mentioned,  then 
upon  demand  of  the  Trustee,  the  Company  will  pay  to  the 
Trustee  for  the  benefit  of  the  holders  of  the  said  bonds  and 
coupons  then  outstanding,  the  whole  amount  due  and  pay- 
able on  such  bonds  and  coupons,  for  interest  or  principal,  or 
both,  as  the  case  may  be,  with  interest  upon  the  over-due 
installments  of  interest  at  the  same  rate  as  is  borne  by  the 
respective  bonds ; and  in  case  the  Company  shall  fail  to  pay 
the  same  forthwith  upon  such  demand,  the  Trustee,  in  its 
own  name  and  as  Trustee  of  an  express  trust,  shall  be 
entitled  to  recover  judgment  for  the  whole  amount  so 
due  and  unpaid. 

The  Trustee  shall  be  entitled  to  recover  judgment  as 
aforesaid,  either  before,  or  after,  or  during  pendency  of 

105 


any  proceedings  for  the  enforcement  of  any  covenants 
hereunder  and  the  right  of  the  Trustee  to  recover  such 
judgment  shall  not  be  affected  by  any  sale,  or  by  the 
exercise  of  any  other  right,  power  or  remedy,  for  the  en- 
forcement of  the  provisions  of  this  indenture;  and  in  the 
case  of  a sale  of  the  properties  mortgaged  or  pledged  here- 
under and  of  the  application  of  the  proceeds  of  the  sale  to 
the  payment  of  the  debt  hereby  secured  the  Trustee,  in 
its  own  name  and  as  Trustee  of  an  express  trust,  shall  be 
entitled  to  enforce  payment  of,  and  to  receive  all  amounts 
then  remaining  due  and  unpaid  upon  any  and  all  of  the 
said  bonds  then  outstanding,  for  the  benefit  of  the  holders 
thereof,  and  shall  be  entitled  to  recover  judgment  for  any 
portion  of  the  debt  hereby  secured  remaining  unpaid,  with 
interest.  No  recovery  of  any  such  judgment  by  the  Trustee 
and  no  levy  of  any  execution  under  any  such  judgment  on  or 
upon  any  other  property,  shall  in  any  manner  or  to  any 
extent,  affect  the  lien  of  the  Trustee  upon  the  properties 
mortgaged  or  pledged  hereunder  or  any  part  thereof,  or  any 
rights,  powers  or  remedies  of  the  Trustee  hereunder  or 
any  rights,  powers  or  remedies  of  the  holders  of  the  said 
bonds;  but  such  lien,  rights,  powers  and  remedies  shall 
continue  unimpaired  as  before. 

All  moneys  collected  by  the  Trustee  under  this  Section 
shall  be  applied  by  the  Trustee,  first,  to  the  payment,  at 
the  option  of  the  Trustee,  of  the  costs  and  expenses  of 
the  proceedings  resulting  in  the  collection  of  such  moneys 
and  of  the  expenses  paid  or  incurred  by  and  compensation 
due  to  the  Trustee  in  the  execution  of  this  trust 
and  then  to  the  payment  of  the  amounts  then  due  and 
unpaid  upon  the  said  bonds  and  coupons,  without  any  pref- 
erence or  priority  of  principal  over  interest,  or  interest 
over  principal,  or  of  any  installment  of  interest  over  any 
other  installment  of  interest,  ratably  to  the  aggregate  of 
such  principal  and  accrued  and  unpaid  interest,  subject, 
however,  to  the  provisions  of  Section  6 of  Article  IV, 
relating  to  the  extension  of  the  time  of  payment  of  coupons, 
and  to  the  provisions  of  Section  1 of  this  Article,  relating 
to  detached  coupons. 

Section  18.  No  holder  of  any  bond  or  coupon  hereby 
secured  shall  have  any  right  to  institute  any  suit,  action  or 
proceeding  in  equity  or  at  law  for  the  foreclosure  of  this  in- 
denture or  for  the  execution  of  any  trust  herein,  or  for 
the  appointment  of  a receiver,  (or  for  the  recovery  of  judg- 
ment on  any  such  bond  or  coupon)  or  for  any  other  remedy 


106 


hereunder,  unless  the  holders  of  twenty-five  per  centum 
(25%)  in  amount  of  the  bonds  hereby  secured,  then  out- 
standing, previously  shall  have  given  to  the  Trustee  written 
notice  of  such  default  and  of  the  continuance  thereof, 
and  shall  have  made  written  request  upon  the  Trustee,  and 
shall  have  afforded  to  it  reasonable  opportunity  either  to  pro- 
ceed to  exercise  the  powers  hereinbefore  granted,  or  to  insti- 
tute such  action,  suit  or  proceeding  in  its  own  name;  nor 
unless  also,  they  shall  have  furnished  the  Trustee  security 
and  indemnity  satisfactory  to  it  against  the  costs,  expenses 
and  liabilities  to  be  incurred  therein  or  thereby;  and  such 
notification,  request  and  offer  of  indemnity  are  hereby 
declared,  in  every  such  case,  at  the  option  of  the  Trustee, 
to  be  conditions  precedent  to  the  execution  of  the  powers 
and  trusts  of  this  indenture  and  to  any  action  or  cause  of 
action  for  foreclosure  or  for  the  appointment  of  a receiver 
or  for  any  other  remedy  hereunder;  it  being  understood 
and  intended  that  no  one  or  more  holders  of  bonds  and 
coupons  shall  have  any  right  in  any  manner  whatever  to 
affect,  disturb  or  prejudice  the  lien  of  this  indenture,  by 
his  or  their  action,  or  to  enforce  any  right  hereunder  or  by 
virtue  of  the  ownership  of  any  of  the  bonds  or  coupons 
issued  in  pursuance  hereof,  except  in  the  manner  herein 
provided,  and  that  all  proceedings  at  law  or  in  equity  shall 
be  instituted,  had  and  maintained  in  the  manner  herein 
provided,  and  for  the  equal  benefit  of  all  holders  of  such 
outstanding  bonds  and  coupons;  it  being  further  the  in- 
tention and  agreement  of  the  parties  hereto,  as  well  for 
the  better  protection  of  the  owners  of  the  bonds  hereby 
secured  against  changes  iof  the  law  in  respect  to  the 
remedies  for  the  collection  of  debts,  and  for  securing  the 
largest  possible  price  for  the  premises  and  property  hereby 
mortgaged  or  pledged,  or  intended  so  to  be,  that  the  rem- 
edies and  the  mode  or  modes  of  sale  hereinbefore  provided,  in 
the  exercise  of  the  powers  hereinbefore  conferred  upon  the 
Trustee,  or  any  of  them,  shall,  until  refusal  of  the  Trustee, 
or  failure  by  it  to  act  after  notice,  request  and  offer  of  in- 
demnity to  it  as  above  provided,  be  exclusive  of  all  others. 

Section  19.  No  delay  or  omission  of  the  Trustee,  or  of 
any  holder  of  bonds  hereby  secured,  to  exercise  any  right  or 
power  accruing  upon  any  default,  continuing  as  aforesaid, 
shall  impair  any  such  right  or  power,  or  shall  be  construed 
to  be  a waiver  of  any  such  default,  or  an  acquiescence 
therein;  and  every  power  and  remedy  given  hereby  to  the 
Trustee,  or  to  the  bondholders,  may  be  exercised  from  time 


107 


to  time,  and  as  often  as  may  be  deemed  expedient,  by  the 
Trustee  or  by  the  bondholders. 

ARTICLE  VII 

Bondholders  Acts,  Holdings  and  Apparent  Authority. 

Section  1.  Any  request,  direction,  resolution  or  other 
instrument  required  by  this  Indenture  to  be  signed  and  exe- 
cuted by  bondholders,  may  be  in  any  number  of  concurrent 
writings  of  similar  tenor,  and  may  be  signed  or  executed 
by  such  bondholders  in  person  or  by  agent  appointed  in 
writing.  Proof  of  the  execution  of  any  such  request,  direc- 
tion, resolution  or  other  instrument,  or  of  the  writing 
appointing  any  such  agent,  and  of  the  ownership  of  bonds, 
which  are  not  registered  as  hereinbefore  provided,  shall  be 
sufficient  for  any  purpose  of  this  Indenture,  and  shall  be 
conclusive  with  regard  to  any  action  taken  by  Trustee 
under  such  request,  if  made  in  the  following  manner: 

The  fact  and  date  of  the  execution,  by  any  person,  of 
any  such  writing,  may  be  proved  by  the  certificate  of  any 
officer  in  iany  jurisdiction,  who,  by  the  laws  thereof,  has 
power  to  take  acknowledgments  of  deeds  within  said  juris- 
diction, that  the  person  signing  such  writing,  acknowledged 
before  him  the/execution  thereof,  or  by  the  affidavit  of  a sub- 
scribing witness  to  such  execution. 

The  fact  of  the  holding  by  any  person  of  bonds  issued 
hereunder  and  transferable  by  delivery,  and  the  amount, 
series  and  serial  numbers  thereof,  and  the  date  of  his  holding 
of  any  such  bonds,  may  be  proved  by  a certificate  executed 
by  any  trust  company,  bank,  bankers,  or  other  depositories 
(wherever  situate),  if  such  certificate  shall  be  deemed  by 
Trustee  to  be  satisfactory,  showing  that  at  the  date  therein 
mentioned  such  person  had  on  deposit  with,  or  exhibited  to, 
such  trust  company,  bank,  bankers,  or  other  depository,  the 
bonds  described  in  such  certificate.  For  all  purposes  of  this 
Indenture  and  of  any  proceedings  pursuant  hereto  for  the 
enforcement  hereof,  such  person  shall  be  deemed  to  con- 
tinue the  holder  of  such  bonds  until  the  Trustee  shall  have 
received  notice  in  writing  to  the  contrary. 

Section  2.  The  Company  and  Trustee  may  deem  and 
treat  the  bearer  of  any  bond  hereby  secured  which  shall 
not  at  the  time  be  registered  as  hereinbefore  authorized, 
and  the  bearer  of  any  coupon  for  interest  on  any  such  bond, 
whether  such  bond  shall  be  registered  or  not,  as  the  ab- 
solute owner  of  such  bond  or  coupon,  as  the  case  may  be, 


108 


for  the  purpose  of  receiving  payment  thereof,  and  for  all 
other  purposes,  and  Company  and  Trustee  shall  not  be  af- 
fected by  any  notice  to  the  contrary. 

The  Company  and  Trustee  may  deem  and  treat  the 
person  in  whose  name  a bond  shall  be  registered  upon  the 
books  of  the  Company  as  hereinbefore  provided,  as  the 
absolute  owner  of  such  bond,  for  the  purpose  of  receiving 
payment  of  or  on  account  of  the  principal  and  interest  of 
such  bond,  and  for  all  other  purposes,  except  to  receive 
payment  of  interest  represented  by  outstanding  coupons, 
and  all  such  payments  so  made  to  any  such  registered 
holder,  or  to  his  legal  representative  or  assigns,  shall  be 
valid  and  effectual  to  satisfy  and  discharge  the  liability  upon 
such  bond  to  the  extent  of  the  sum  or  sums  so  paid;  but 
such  registration  may  be  changed  as  hereinbefore  provided. 


ARTICLE  VIII 
No  Individual  Liability 

No  recourse  under  or  upon  any  obligation,  covenant  or 
agreement  contained  in  this  Indenture,  or  in  any  bond  or 
coupon  hereby  secured,  or  because  of  the  creation  of  any 
indebtedness  hereby  secured,  shall  be  had  against  any  in- 
corporator, stockholder,  officer  or  director  of  the  Company, 
or  of  any  successor  corporation,  either  directly  or  through 
the  Trustee,  by  the  enforcement  of  any  assessment  or  by 
any  legal  or  equitable  proceedings  by  virtue  of  any  law  or 
statute  or  otherwise,  it  being  expressly  agreed  and  under- 
stood that  this  mortgage  and  the  obligations  hereby  se- 
cured are  solely  corporate  obligations,  and  that  no  personal 
liability  whatever  shall  attach  to  or  be  incurred  by  the 
incorporators,  stockholders,  officers  or  directors  of  the  Com- 
pany, or  of  any  successor  corporation,  or  any  of  them,  be- 
cause of  the  incurring  of  the  indebtedness  hereby  auth- 
orized, or  under  or  by  reason  of  any  of  the  obligations,  cove- 
nants or  agreements  contained  in  this  Indenture,  or  in  any 
of  the  bonds  or  coupons  hereby  secured,  or  which  may  be 
implied  therefrom;  and  it  is  agreed  that  this  Mortgage  and 
the  bonds  and  coupons  hereby  secured  are  executed  and  ac- 
cepted on  condition  that  any  and  all  personal  liability  and 
all  rights  of  action  and  claims  of  whatsoever  nature  against 
every  such  incorporator,  stockholder,  officer  or  director, 
whether  at  common  law  or  equity,  or  created  by  statute  or 
constitution,  or  otherwise  arising,  are  hereby  expressly 
waived  and  forever  released. 


109 


ARTICLE  IX 


Concerning  the  Trustee. 

Section  1.  Trustee  accepts  the  trusts  of  this  Indenture 
and  agrees  to  execute  them  upon  the  terms  and  conditions 
hereof,  including  the  following,  to  which  the  parties  hereto 
and  the  holders  of  the  said  bonds  agree: 

Trustee  shall  be  under  no  obligation  to  see  to  the  rec- 
ording, registry  or  filing  of  this  Indenture  or  of  any  instru- 
ment given  pursuant  to  this  Indenture  or  to  the  re-record- 
ing, re-registry  or  re-filing  thereof. 

Trustee  shall  be  entitled  to  reasonable  compensation 
for  all  services  rendered  by  it  in  the  execution  of  the 
trusts  hereby  created,  which  compensation  shall,  until  paid, 
be  a prior  lien  upon  the  trust  estate  and  each  and  every 
part  thereof ; and  such  compensation,  as  well  as  all  reason- 
able expenses  necessarily  incurred  and  actually  disbursed 
hereunder,  Company  agrees  to  pay. 

Trustee  shall  not  be  responsible  in  any  manner  what- 
soever for  the  recitals  herein  contained  as  to  the  acts  or 
powers  of  Company  or  its  stockholders  or  otherwise,  all 
of  which  are  made  by  Company  solely. 

Trustee  shall  not  be  responsible  for  or  in  respect  of  the 
validity  or  sufficiency  of  this  Indenture,  nor  of  the  due 
execution  hereof  by  Company,  nor  of  the  lien  purporting 
or  intended  to  be  hereby  created,  nor  for  or  in  respect  of 
the  title  or  value  of  the  trust  estate. 

Unless  and  until  Trustee  shall  have  received  written  no- 
tice to  the  contrary  Trustee  may,  for  all  the  purposes  of 
this  Indenture,  assume  that  no  default  has  been  made  in 
the  payment  of  any  of  the  said  bonds  or  of  the  interest 
thereon,  or  in  the  observance  or  performance  of  any  of  the 
covenants  contained  in  the  said  bonds  or  in  this  Indenture ; 
that  no  receiver  has  been  appointed  of  Company  or  of  its 
property ; that  Company  is  not  in  default  under  this  Inden- 
ture ; and  that  none  of  the  events  hereinbefore  denominated 
events  of  default  has  happened. 

In  any  case  where  it  shall  be  provided  in  this  Indenture 
that  Trustee  may  accept  a certificate  of  Company  or  of  any 
of  the  officers  or  resolutions  of  the  board  of  directors  of 
Company  as  sufficient  evidence  of  any  fact  in  respect  of 
which  Trustee  shall  be  required  or  permitted  to  take  or  re- 
frain from  taking  action,  Trustee  shall  not  be  bound  abso- 
lutely by  such  certificate  or  resolution  but  may  in  its  dis- 
cretion and  at  its  option,  and  at  the  expense  of  Company, 
make  an  independent  investigation  into  the  truth  or 


no 


accuracy  of  any  statement  contained  in  any  such  certificate 
or  resolution,  and  in  case  it  shall,  after  any  such  indepen- 
dent investigation,  be  satisfied  that  any  such  certificate  or 
resolution  or  any  statement  contained  therein  is  inaccurate, 
Trustee  may,  in  its  discretion,  refuse  to  take  or  refrain  from 
taking  action  predicated  upon  such  fact.  Nothing  in  this 
Section  1 contained  shall,  however,  take  from  Trustee  the 
absolute  protection  herein  conferred  upon  it  in  case  it  shall 
accept  without  further  investigation  any  such  certificate 
or  resolution  as  conclusive. 

Trustee  shall  not  be  under  any  obligation  to  take  any 
action  toward  the  execution  or  enforcement  of  the  trust 
hereby  created  which,  in  its  opinion,  will  be  likely  to  involve 
it  in  expense  or  liability,  unless  one  or  more  of  the  holders 
of  the  said  bonds  shall,  as  often  as  required  by  Trustee, 
furnish  security  and  indemnity  satisfactory  to  it  against 
such  expense  or  liability;  nor  shall  Trustee  be  required  to 
take  notice  of  any  default  hereunder  or  be  deemed  to  have 
notice  thereof  unless  notified  in  writing  of  such  default  by 
the  holders  of  at  least  twenty-five  per  cent,  in  amount  of 
the  said  bonds  then  outstanding;  or  to  take  any  action  in 
respect  of  any  such  default  involving  expense  or  liability 
unless  requested  by  an  instrument  in  writing  signed  by  the 
holders  of  not  less  than  twenty-five  per  cent,  in  amount  of 
the  said  bonds  then  outstanding  and  unless  tendered  satis- 
factory security  and  indemnity  as  aforesaid,  anything  herein 
contained  to  the  contrary  notwithstanding ; but  neither  any 
such  notice  or  request,  nor  any  provision  therefor,  shall  af- 
fect any  discretion  herein  given  to  Trustee  to  determine 
whether  or  not  Trustee  shall  take  action  in  respect  to  such 
default,  or  to  take  action  without  such  request. 

Trustee  may  employ  agents  or  attorneys  in  fact,  and 
shall  not  be  answerable  for  the  default  or  misconduct  of 
any  agent  or  attorney  appointed  by  it  in  pursuance  hereof, 
if  such  agent  or  attorney  shall  have  been  selected  with  rea- 
sonable care ; nor  for  anything  whatever  in  connection  with 
this  trust,  except  its  own  wilful  misconduct  or  gross  negli- 
gence. 

Trustee  shall  be  reimbursed  and  indemnified  against 
any  liability  or  damage  it  may  sustain  or  incur  in  the 
premises ; and  shall  have  a lien  upon  the  trust  estate  under 
this  Indenture  preferentially  to  the  said  bonds  for  its  com- 
pensation, expenses  and  proper  disbursements  hereunder 
and  also  for  any  such  liability  or  damages. 

Trustee  may,  at  the  expense  of  the  Company,  advise 
with  legal  counsel,  and  shall  be  fully  protected  in  respect 

ill 


of  any  action  under  this  Indenture,  taken  or  suffered  in 
good  faith  by  Trustee  in  accordance  with  the  opinion  of 
counsel. 

Trustee  shall  not  be  personally  liable  for  any  debts  con- 
tracted by  it,  or  for  any  expenses  of  operating  the  business 
of  Company,  or  for  damages  to  persons  or  property,  or  for 
salaries  or  non-payment  of  salaries,  during  any  period  where- 
in Trustee  shall  be  in  possession  of  and  be  managing  the 
mortgaged  premises. 

Trustee  shall  be  protected  in  acting  upon  any  resolution, 
vote,  declaration,  request,  demand,  order,  notice,  waiver, 
appointment,  consent,  certificate,  affidavit,  statement,  bond 
or  coupon,  or  upon  any  other  paper  or  document  believed  by 
it  to  be  genuine  and  to  have  been  passed,  signed,  executed, 
acknowledged,  verified  or  delivered  by  the  proper  party. 

Whenever  no  other  provision  is  made  in  this  Indenture 
as  to  evidence  upon  which  Trustee  may  act  or  refrain  from 
acting,  Trustee  may  accept  as  evidence  of  any  fact  a certifi- 
cate signed  in  the  name  of  Company  by  its  President  or  one 
of  its  Vice-Presidents  and  by  its  Secretary  or  one  of  its  As- 
sistant Secretaries  or  by  its  Treasurer  or  one  of  its  Assistant 
Treasurers  or  by  its  Auditor,  and  under  its  corporate  seal. 

Section  2.  Trustee  may  resign,  and  be  discharged  from 
the  trust  created  by  this  Indenture  by  giving  to  Company 
notice  in  writing  of  such  resignation,  specifying  a date  when 
such  resignation  shall  take  effect,  which  notice  shall  be  pub- 
lished at  least  once,  on  a day  not  less  than  thirty  days  nor 
more  than  sixty  days  prior  to  the  date  so  specified,  in  one 
daily  newspaper  of  general  circulation  at  that  time  published 
in  the  City  of  Philadelphia,  State  of  Pennsylvania;  in  one 
daily  newspaper  of  general  circulation  at  that  time  published 
in  the  City  of  Altoona,  State  of  Pennsylvania,  and  in  one 
daily  newspaper  of  general  circulation  at  that  time  published 
in  the  Borough  of  Manhattan,  in  the  City  and  State  of  New 
York.  Such  resignation  shall  take  effect  on  the  day  speci- 
fied in  such  notice,  unless  previously  a successor  Trustee 
shall  be  appointed  as  hereinafter  provided,  either  by  the 
bondholders  or  by  Company,  in  which  event  such  resigna- 
tion shall  take  effect  immediately  upon  the  appointment  of 
such  successor  trustee.  Any  trustee  hereunder  may  be  re- 
moved at  any  time  by  an  instrument  in  writing  filed  with 
the  trustee  for  the  time  being  under  this  Indenture  and  ex- 
ecuted by  the  holders  of  two-thirds  in  amount  of  the  said 
bonds  then  outstanding. 

Section  3.  In  case,  at  any  time,  Trustee  shall  resign  or 

112 


shall  be  removed  or  otherwise  shall  become  incapable  of  act- 
ing, a successor  may  be  appointed  by  the  holders  of  a major- 
ity in  amount  of  the  said  bonds  then  outstanding,  by 
an  instrument  or  concurrent  instruments  signed  in  duplicate 
by  such  bondholders  or  their  attorneys  in  fact  duly  author- 
ized, one  original  whereof  shall  be  delivered  to  the  Trustee 
thereby  appointed  and  another  original  whereof  shall  be 
delivered  to  the  retiring  trustee,  but  until  a new  trustee 
shall  be  appointed  by  the  bondholders  as  herein  authorized, 
Company  shall  by  proper  instrument  in  writing,  executed 
and  delivered  as  aforesaid,  under  its  corporate  seal  by 
order  of  its  board  of  directors,  appoint  a trustee  to  fill  such 
vacancy.  Trustee,  and  every  successor  trustee  shall  be  ex- 
empt from  giving  any  bond  or  surety  in  respect  of  the  exe- 
cution of  the  trusts  or  powers  herein  contained,  or  otherwise 
in  respect  of  the  premises. 

In  like  manner,  in  case  at  any  time  under  the  laws  of 
any  State  in  which  Company  now  owns  or  may  hereafter  ac- 
quire property,  which  is  or  shall  become  subject  to  the  lien 
hereof,  it  shall  be  or  become  necessary  to  appoint,  for  the 
purposes  of  this  Indenture,  an  additional  Trustee  resident 
in  such  State,  the  holders  of  a majority  in  amount  of  the 
said  bonds  then  outstanding,  may  by  an  instrument  or 
concurrent  instruments  signed  by  such  bondholders 
or  by  their  attorneys  in  fact  thereunto  duly  authorized,  ap- 
point such  additional  Trustee;  and  pending  such  appoint- 
ment, Company  shall  make  such  appointment  but  sub- 
ject to  be  superseded  by  a subsequent  appointment  by  such 
bondholders.  Upon  the  appointment  of  such  additional 
Trustee,  Company  shall  forthwith  execute  and  deliver  and 
cause  to  be  properly  recorded  such  an  instrument  or  instru- 
ments in  favor  of  such  Trustee,  as,  being  advised  by  counsel, 
it  shall  deem  necessary  or  proper  in  order  to  subject  to  the 
lien  of  this  Indenture  the  property  situate  in  such  State. 

After  any  such  appointment  by  Company,  it  shall  cause 
notice  of  such  appointment  to  be  published  once  a week  in 
each  of  four  consecutive  weeks  in  one  daily  newspaper  of 
general  circulation  at  that  time  published  in  the  City  of  Phil- 
adelphia, in  the  State  of  Pennsylvania;  in  one  daily  news- 
paper of  general  circulation  at  that  time  published  in  the 
City  of  Altoona,  State  of  Pennsylvania;  and  in  one  daily 
newspaper  of  general  circulation  at  that  time  published  in 
the  Borough  of  Manhattan,  in  the  City  and  State  of  New 
York;  but  any  new  trustee  so  appointed  by  Company  shall 
immediately  and  without  further  act  be  superseded  by  a 


113 


trustee  appointed  in  the  manner  above  provided  by  the 
holders  of  a majority  in  amount  of  the  said  bonds  then 
outstanding. 

Section  4.  Any  successor  trustee  appointed  hereunder 
shall  execute,  acknowledge  and  deliver  to  Company  and 
to  the  retiring  trustee  an  instrument  accepting  such  ap- 
pointment hereunder,  and  thereupon  such  successor  trustee 
without  any  further  act,  deed  or  conveyance,  shall  be  vested 
with  the  estate,  authority,  rights,  powers,  and  duties  herein 
provided  in  that  behalf  of  the  predecessor  trustee,  and  be 
entitled  to  the  immediate  delivery  by  the  predecessor  trus- 
tee, of  any  part  of  the  trust  estate  in  the  hands  or  under 
the  control  of  such  predecessor  trustee,  and  all  the  estate, 
right,  title  and  interest  of  such  predecessor  trustee  in  the 
trust  estate  shall  wholly  cease  and  determine;  provided 
however,  that  the  lien  of  such  predecessor  trustee,  making 
such  delivery  of  the  trust  estate,  given  by  Section  1 of 
this  Article  IX  for  its  compensation  and  expenses,  liabilities 
or  damages,  shall  continue  unimpaired;  but  nevertheless 
Company,  its  and  their  successors  and  assigns,  will  in  any 
and  every  such  case  execute  upon  request  of  such  successor 
trustee,  any  such  deeds,  conveyances,  or  assurances  as  shall, 
in  the  judgment  of  such  successor  trustee,  be  desirable  or 
necessary  to  enable  the  trustee  so  appointed  to  execute 
the  trusts  by  this  indenture  created  as  fully  and  completely 
as  if  such  appointed  trustee  had  been  originally  trustee; 
and  in  every  case  of  resignation  by  a trustee,  or  of  removal 
of  a trustee,  trustee  so  resigning  or  removed  shall,  at  the 
request  of  Company,  its  successors  and  assigns,  or  of  trus- 
tee so  appointed,  make  and  execute  such  deeds,  conveyances 
or  assurances  to  its  successors.  All  the  conveyances  here- 
inbefore provided  for  shall  be  at  the  cost  of  Company,  its 
successors  or  assigns. 

Section  5.  Any  Company  into  which  Trustee  or  any 
successor  to  it  in  the  trust  created  by  this  Indenture  may 
be  merged,  or  with  which  it  or  any  such  successor  to  it  may 
be  consolidated,  or  any  company  resulting  from  any  merger 
or  consolidation  to  which  Trustee  or  any  such  successor  to 
it  shall  be  a party,  shall  be  the  successor  trustee  under  this 
Indenture,  without  the  execution  or  filing  of  any  paper  or 
any  further  act  on  the  part  of  any  parties  hereto,  anything 
herein  contained  to  the  contrary  notwithstanding.  In  case 
any  of  the  said  bonds  shall  have  been  authenticated  but 
not  delivered  any  successor  trustee  may  adopt  the  certificate* 
of  the  predecessor  trustee  and  deliver  the  same  so  authen- 


114 


ticated,  and  in  case  any  of  the  said  bonds  shall  have  not 
been  authenticated  any  successor  trustee  may  authenticate 
them  in  its  own  name,  and  in  all  such  cases  such  certificates 
shall  have  the  full  force  which  it  has  been  any  where  in  the 
said  bonds  or  this  Indenture  provided  that  the  certificates 
of  Trustee  shall  have. 


ARTICLE  X 

Possession  until  Default — Defeasance  Clause. 

Section  1.  Until  some  default  shall  have  been  made  in 
the  due  and  punctual  payment  of  the  interest  upon,  or  of 
the  principal  of,  the  said  bonds  at  any  time  outstand- 
ing, or  of  some  part  of  such  interest  or  principal,  or 
until  some  default  shall  have  been  made  in  the  due  and 
punctual  performance  and  observance  of  some  covenant  or 
condition  hereof  obligatory  upon  Company,  and  such  de- 
fault shall  have  continued  beyond  the  period  of  grace,  if 
any,  herein  provided  in  respect  thereof,  Company,  its  suc- 
cessors, lessees  and  assigns,  shall  be  suffered  and  permitted 
to  retain  actual  possession  of  all  the  property  subject  to  this 
Indenture,  and  to  manage,  operate  and  use  the  same  and 
every  part  thereof,  with  the  rights  and  franchises  apper- 
taining thereto,  and  to  collect,  receive,  take,  use  and  enjoy 
the  tolls,  earnings,  income,  rents,  issues  and  profits  thereof. 

Section  2.  If,  when  the  said  bonds  shall  have 
become  due  and  payable,  or  shall  have  been  called  for 
redemption  as  herein  provided,  Company  shall  well  and 
truly  pay,  or  cause  to  be  paid,  the  whole  amount  of  the 
principal  and  interest  due  upon  all  of  the  said  bonds 
and  coupons  then  outstanding,  or  shall  provide  for 
the  payment  of  such  bonds  and  coupons  by  depositing  with 
Trustee  hereunder  the  entire  amount  due  thereon  for  prin- 
cipal and  interest,  and  if  Company  shall  also  pay  or  cause 
to  be  paid,  all  other  sums  payable  hereunder  by  it,  and  shall 
well  and  truly  keep  and  perform  all  the  things  herein  to 
be  kept  and  performed  by  it,  according  to  the  true  intent 
and  meaning  of  this  Indenture,  then  and  in  that  case,  all 
property,  rights  and  interests  hereby  conveyed  or  assigned 
or  pledged,  shall  revert  to  Company,  and  the  entire  estate, 
right,  title  and  interest  of  Trustee  shall  thereupon  cease,, 
determine  and  become  void,  and  Trustee  in  such  case,  on 
demand  of  Company,  and  at  its  cost  and  expense,  shall  enter 
satisfaction  of  this  Indenture  upon  the  records  and  by 


115 


proper  instruments  in  writing  re-convey  and  re-transfer  to 
Company  the  trust  estate ; otherwise  the  same  shall  be,  con- 
tinue and  remain  in  full  force  and  virtue. 

ARTICLE  XI. 

Sundry  Provisions 

Section  1.  All  the  covenants,  stipulations,  promises, 
undertakings  and  agreements  herein  contained  by  or  on  be- 
half of  the  Company  shall  bind  its  successors  and  assigns, 
whether  so  expressed  or  not.  For  every  purpose  of  this 
Mortgage,  including  the  execution,  issue  and  use  of  any 
and  all  bonds  hereby  secured,  the  term  “the  Company”  in- 
cludes and  means  not  only  the  party  of  the  first  part  hereto, 
but  also  its  successors  and  assigns. 

Section  2.  The  headings  of  the  Articles  of  this  Mort- 
gage are  inserted  for  convenience  of  reference  and  are  not 
to  be  taken  to  be  part  of  this  Mortgage  or  to  control 
or  affect  the  meaning,  construction  or  effect  of  the  same. 

Section  3.  The  word  “Trustee”  means  the  Trustee  for 
the  time  being,  whether  original  or  successor;  the  words 
“Trustee,”  “bond,”  “bondholder,”  shall  include  the  plural 
as  well  as  the  singular  number,  unless  otherwise  expressly 
indicated.  The  word  “bonds”  refers  to  the  bonds  secured 
hereby  and  the  word  “coupons”  refers  to  the  interest  cou- 
pons belonging  thereto.  The  word  “person,”  used  with  ref- 
erence to  a bondholder,  shall  include  persons,  associations, 
partnerships  and  corporations,  owing  any  of  said  bonds. 
The  word  “amount”  when  used  with  reference  to  the  bonds, 
means  “principal  amount”  unless  the  context  shall  clearly 
indicate  to  the  contrary. 

Section  4.  The  Board  of  Directors  of  the  Company  has 
by  resolution  duly  authorized  Charles  Warner,  its  President, 
lor  it  and  in  its  name  and  as  and  for  its  corporate  act  and 
deed,  to  acknowledge  this  Indenture  before  any  person  hav- 
ing authority,  by  the  laws  of  the  State  of  Pennsylvania,  to 
take  such  acknowledgment,  to  the  intent  that  the  same  may 
be  duly  recorded. 

Section  5.  The  Trustee  has  duly  authorized  S.  M.  Greer, 
a Vice-President,  for  it  and  in  its  name  and  as  and  for  its 
corporate  act  and  deed,  to  acknowledge  this  Indenture  be- 
fore any  person  having  authority  by  the  laws  of  the  State 
of  Pennsylvania,  to  take  such  acknowledgement,  to  the  in- 
tent that  the  same  may  be  duly  recorded. 

116 


Section  6.  This  Indenture  may  be  simultaneously  ex- 
ecuted in  several  counterparts,  each  of  which  when  so  ex- 
ecuted shall  be  deemed  to  be  an  original;  but  such  counter- 
parts shall  together  constitute  but  one  and  the  same  in- 
strument. 

Section  7.  This  Mortgage  is  entered  into  under  the 
laws  of  the  State  of  New  York  and  it  and  the  bonds  and 
coupons  issued  hereunder  and  the  rights  of  the  holders  of 
said  bonds  and  coupons  shall  be  construed  in  accordance 
with  such  laws. 

Said  Bankers  Trust  Company  does  hereby  certify  that 
its  precise  residence  or  principal  office  and  place  of  business 
is  No.  16  Wall  Street,  in  the  Borough  of  Manhattan,  City  of 
New  York,  State  of  New  York,  and  hereby  accepts  the 
trusts  of  this  Indenture. 

In  Witness  Whereof,  the  said  parties  hereto  have 
caused  their  corporate  seals  to  be  affixed  to  triplicate  orig- 
inals hereof,  attested  by  their  respective  Secretaries,  or 
Assistant  Secretaries,  and  these  presents  to  be  signed  by 
their  respective  Presidents,  or  Vice-Presidents,  this  12th 
day  of  July,  1922. 

AMERICAN  LIME  AND  STONE  COMPANY, 
Witness 


By  CHARLES  WARNER, 

President. 

[A.  L.  & S.  Co.  Seal.] 

Attest : 

CHAS.  C.  BYE, 

Secretary. 

BANKERS  TRUST  COMPANY, 

By  S.  M.  GREER, 

Vice-President. 

Attest : 

C.  W.  CAMPBELL, 

Assistant  Secretary. 

[B.  T.  Co.  Seal.] 


117 


State  of  New  York,  > 

County  of  New  York,  f ss: 

I hereby  certify  that  on  this  12th  day  of  July 
in  the  year  of  our  Lord  One  Thousand  Nine  Hundred  and 
Twenty-two,  before  me,  the  subscriber,  a Notary  Public 
within  and  for  said  County  and  State,  personally 
appeared  Charles  Warner,  the  attorney  named  in  the 
foregoing  Mortgage  or  Deed  of  Trust,  and  by  virtue  and  in 
pursuance  of  the  authority  therein  conferred  upon  him 
acknowledged  the  said  Mortgage  or  Deed  of  Trust  to  be  the 
act  and  deed  of  said  American  Lime  and  Stone  Company. 

Witness  my  hand  and  notarial  seal  the  day  and  year 
aforesaid. 

I am  not  a stockholder,  director  or  official  of  the  above 
named  Company. 


W.  C.  BETTS. 

Notary  Public,  New  York  Co. 

Clerk’s  No.  219,  Register’s  No.  3396. 

My  commission  expires  March  30,  1923. 

[Notary’s  Seal.] 


State  of  New  York,  ) 
County  of  New  York,  j ss 


Personally  before  me  came  S.  M.  Greer  a Vice-President 
of  the  Bankers  Trust  Company,  and  C.  W.  Campbell  Assist- 
ant Secretary  of  the  said  Company,  and  each  in  due  form  of 
law  did  acknowledge  the  foregoing  Acceptance  of  Trust  to  be 
the  act  and  deed  of  the  said  Bankers  Trust  Company,  and 
the  act  and  deed  of  the  said  persons  as  Vice-President  and 
Assistant  Secretary  thereof,  and  as  such  desired  it  might 
be  recorded. 


118 


And  the  said  C.  W.  Campbell  being  by  me  duly  sworn, 
says  that  of  his  own  personal  knowledge  S.  M.  Greer  is  a 
Vice-President  of  said  Company,  and  that  affiant  is  an  As- 
sistant Secretary  thereof ; that  the  seal  set  to  said  Accept- 
ance of  Trust  was  thereto  set  by  the  said  Vice-President 
and  is  the  common  seal  of  said  Company  and  that  the  names 
of  the  said  S.  M.  Greer,  and  this  affiant  thereunto  set  in  due 
attestation  thereof,  were  each  written  in  affiant’s  presence, 
and  that  each  is  in  the  respective  handwriting  of  the  said 
S.  M.  Greer  and  this  affiant. 


S.  M.  GREER, 

C.  W.  CAMPBELL. 


Sworn  and  subscribed  before)  me  this  12th  day  of 
July,  A.  D.  1922. 

I am  not  a stockholder,  director  or  official  of  the  above 
named  Company. 


W.  C.  BETTS. 

Notary  Public,  New  York  Co. 

Clerk’s  No.  219,  Register’s  No.  3396. 

My  commission  expires  March  30,  1923. 


[Notary’s  Seal.] 


119 


State  of  Pennsylvania  | 
County  of  Centre  f ss  * 


Recorded  on  the  15th  day  of  July,  A.  D.  1922,  in  the 
Recorder’s  Office  of  said  County,  in  Mortgage  Book,  Vol. 
50,  page  39.  Given  under  my  hand  and  seal  of  the  said 
office  the  day  and  year  aforesaid. 

WM.  C.  BROWN, 
Recorder. 

[Recorder’s  Seal.] 


State  of  Pennsylvania 
County  of  Blair 


Recorded  on  the  13th  day  of  July,  A.  D.  1922,  in  the 
Recorder’s  Office  of  said  County,  in  Mortgage  Book,  Vol. 
218,  page  1.  Given  under  my  hand  and  seal  of  the  said 
office  the  day  and  year  aforesaid. 

THOMAS  G.  PEOPLES, 
Recorder. 

[Recorder’s  Seal.] 


State  of  Pennsylvania  ) 

County  of  Huntingdon  j ss : 

Recorded  on  the  13th  day  of  July,  A.  D.  1922,  in  the 
Recorder’s  Office  of  said  County,  in  Mortgage  Book,  Vol. 
29,  page  481.  Given  under  my  hand  and  seal  of  the  said 
office  the  day  and  year  aforesaid. 


WILBUR  F.  CORBIN, 
Recorder. 

[Recorder’s  Seal.] 


120 


A 


